builttolast
Junior Member
What is the name of your state? California
I closed on my house in April of last year. As part of my contract the seller was to provide termite fumigation. The contractor he hired allegedly did not pay the subcontractor they hired to tent the home.
Shortly after I took possession of the house with a clean title I received notfication that an involuntary Mechanic's Lien had been placed on my home. I called my realtor and the escrow co. several times who assured me it was a misunderstanding and was being taken care of. I was left to believe when I last spoke to my realtor that the matter was closed.
Fast forward a year and a half and I'm refinancing my home and the title still has the lien on it. After about a week I finally got through to the subcontractor who insists he was not paid and gave me a sob story about all the money he lost. I honestly do sympathize, but he chose to do business with this contractor, I did not, as the seller was responsible for all arrangements and it was entirely handled prior to my taking ownership of the home with a clean title.
My understanding of CA lien law is that a subcontractor must file a 20 day notice via registered mail with the owner of the property along with the county. I called the county offices and they have no record of a preliminary notice on file. I also occupied the house for aproximately 15 days prior to the house closing, so I believe that the tenting work was completed over 20 days prior to the close of escrow, which would have meant he would have been required to serve the preliminary notice to the county prior to the close of sale, if he had done so the title company would have seen this and he'd have been paid before closing.
Also I also understand that for the lien to be valid he would have been required to act upon it within a certain time frame, the county recorder also has no record of any foreclosure activity.
Am I missing something, or was the subcontractor negligent in properly filling out the lien materials that would have resulted in his prompt payment prior to the close of escrow? And is this negligence enough for me to have the lien declared invalid?
Thanks.
I closed on my house in April of last year. As part of my contract the seller was to provide termite fumigation. The contractor he hired allegedly did not pay the subcontractor they hired to tent the home.
Shortly after I took possession of the house with a clean title I received notfication that an involuntary Mechanic's Lien had been placed on my home. I called my realtor and the escrow co. several times who assured me it was a misunderstanding and was being taken care of. I was left to believe when I last spoke to my realtor that the matter was closed.
Fast forward a year and a half and I'm refinancing my home and the title still has the lien on it. After about a week I finally got through to the subcontractor who insists he was not paid and gave me a sob story about all the money he lost. I honestly do sympathize, but he chose to do business with this contractor, I did not, as the seller was responsible for all arrangements and it was entirely handled prior to my taking ownership of the home with a clean title.
My understanding of CA lien law is that a subcontractor must file a 20 day notice via registered mail with the owner of the property along with the county. I called the county offices and they have no record of a preliminary notice on file. I also occupied the house for aproximately 15 days prior to the house closing, so I believe that the tenting work was completed over 20 days prior to the close of escrow, which would have meant he would have been required to serve the preliminary notice to the county prior to the close of sale, if he had done so the title company would have seen this and he'd have been paid before closing.
Also I also understand that for the lien to be valid he would have been required to act upon it within a certain time frame, the county recorder also has no record of any foreclosure activity.
Am I missing something, or was the subcontractor negligent in properly filling out the lien materials that would have resulted in his prompt payment prior to the close of escrow? And is this negligence enough for me to have the lien declared invalid?
Thanks.