What is the name of your state? Florida
After entering into a contract with a local roofing company in which I agreed to pay them $5460 to reroof my home, with $2600 to be paid when materials were delivered. Upon the contractors "completion", I found the work to be shoddy and deficient in many obvious ways. When I was approached for final payment of $2860, I refused to pay until the deficiencies were remedied. Additionally, the contractor and his agents destroyed my concrete driveway by backing a 72000 pound truck over it and breaking it up. They also had destroyed my satellite dish by prying it off the roof and bending its parabolic shape.The contractor denied responsibility. Subsequently, the contractor filed a lien against my home. I am in the process of refinancing for a lower rate. The contractor was mailed the list of problems in a "right to cure defect". The contractor failed to respond within the 45 days by law. The next week I received a summons from the contractor stating he was suing me to forclose a lien in the amount of $2860 plus costs. I have since counter-sued the contractor.
My question is this: How can I get the lien released so that I can refinance the property? I'm sure the court battle will take a few months and I don't think my lender will invision the property title to be clear with this contractors lien upon it. Is there a bond, surety, or escrow that I can place to alleviate the lien?
After entering into a contract with a local roofing company in which I agreed to pay them $5460 to reroof my home, with $2600 to be paid when materials were delivered. Upon the contractors "completion", I found the work to be shoddy and deficient in many obvious ways. When I was approached for final payment of $2860, I refused to pay until the deficiencies were remedied. Additionally, the contractor and his agents destroyed my concrete driveway by backing a 72000 pound truck over it and breaking it up. They also had destroyed my satellite dish by prying it off the roof and bending its parabolic shape.The contractor denied responsibility. Subsequently, the contractor filed a lien against my home. I am in the process of refinancing for a lower rate. The contractor was mailed the list of problems in a "right to cure defect". The contractor failed to respond within the 45 days by law. The next week I received a summons from the contractor stating he was suing me to forclose a lien in the amount of $2860 plus costs. I have since counter-sued the contractor.
My question is this: How can I get the lien released so that I can refinance the property? I'm sure the court battle will take a few months and I don't think my lender will invision the property title to be clear with this contractors lien upon it. Is there a bond, surety, or escrow that I can place to alleviate the lien?