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Mechanics lien/mortgage availability

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A

Ames

Guest
What is the name of your state? Ohio
My parents built an addition onto our property this year, using only cash. We currently have a mortgage/home equity loan on the property, their names are nowhere on the deeds, titles, loans, etc.
They have encountered a contractor that has charged excessively without contract as well as performed subpar work on the property. They are currently in dispute regarding the extra charges and have contacted the State Attorney, BBB, and Home Builder's Association.
The contractor recently filed a mechanic's lien against only my parents but on the property we own. We have no dispute with him and are not named anywhere within the complaint, only as the homeowners.
Do we have any way to financially obtain loans or mortgages on this property until this matter is settled? The filing at the recorders office only lists my parents, not us.
 


HomeGuru

Senior Member
Ames said:
What is the name of your state? Ohio
My parents built an addition onto our property this year, using only cash. We currently have a mortgage/home equity loan on the property, their names are nowhere on the deeds, titles, loans, etc.
They have encountered a contractor that has charged excessively without contract as well as performed subpar work on the property. They are currently in dispute regarding the extra charges and have contacted the State Attorney, BBB, and Home Builder's Association.
The contractor recently filed a mechanic's lien against only my parents but on the property we own. We have no dispute with him and are not named anywhere within the complaint, only as the homeowners.
Do we have any way to financially obtain loans or mortgages on this property until this matter is settled? The filing at the recorders office only lists my parents, not us.
**A: you need to understand that it does not matter if their names are on title or not. If a contractor does work on the property, they are entitled to file a mechanics lien if they do not get paid. If does not matter if you did not hire the contractor.
 

stevek3

Member
Ames said:
What is the name of your state? Ohio
My parents built an addition onto our property this year, using only cash. We currently have a mortgage/home equity loan on the property, their names are nowhere on the deeds, titles, loans, etc.
They have encountered a contractor that has charged excessively without contract as well as performed subpar work on the property. They are currently in dispute regarding the extra charges and have contacted the State Attorney, BBB, and Home Builder's Association.
The contractor recently filed a mechanic's lien against only my parents but on the property we own. We have no dispute with him and are not named anywhere within the complaint, only as the homeowners.
Do we have any way to financially obtain loans or mortgages on this property until this matter is settled? The filing at the recorders office only lists my parents, not us.
Just throwing out some random thoughts here, but just how long has this dispute been going on? The time period for filing a lien on a residential project is no more than 60 days from the last date the contractor performed labor or provided materials. You might want to check into that. If you're really lucky, maybe it was filed past the 60 days.
 

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