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How can I clear title with contractor lien?

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images54

Junior Member
What is the name of your state? Florida

Due to the hurricane damage on my home in fall of 2004, I hired a roofing firm to completely remove and replace what was left of my roofing system. I agreed to pay them $5460.00 upon completion based upon their written quote which included all material types and labor to be furnished. At delivery of the materials, I paid them $2600.00 as agreed. The work was shoddy and significantly not up to code, although a county official apparently did a drive-by inspection and found the roof to be complete. In the process of the contractors work, they backed a 72,000 pound truck in upon my driveway and broke all of the sections. They also damaged a sliding type screen door panel on my garage, damaged the stucco finish on the homes exterior, and failed to correct errors and deficiencies. They approached me about final payment and I refused to pay until damage and repairs were made.
Ultimately, they applied a lien on my property and sued me for breach of contract. I obtained an attorney and answered their summons and filed a countersuit.
Now for my question....I have applied for a refinance loan and forgot about the lien as we feel it is a no-brainer that a court will rule in my favor with regard to their breach for lack of completion and documented damage to my property.
How can I continue with my refinance? I'm sure the lender will see the title has the lien on it. Is there a separate bond or surety that I can get that will remove the lien from my property so that I can get the refinancing as the rates are still low?
 


nextwife

Senior Member
If you have funds sufficient to ESCROW, covering any and all potential costs to clear the lien, and are willing to indemnify the title company, it is very possible the title company might agree to hold an escrow in order to "insure over" that issue. This will allow them to insure the lender that they can be in first position. No title company will knowingly "buy a claim", but they will make business decisions to clear an issue if they are fairly confident they have little to no claim exposure.
 

nextwife

Senior Member
You're welcome. Good luck.

Be prepared to see any escrow they agree to hold for this to sit on account until all litigation is exhausted, or settlements reached and lien release supplied..
 
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images54

Junior Member
Its A Cats World??????

Your reply unfortunately represents a misuse of this site........you've been sitting in the litter box too long and your reply is found within the same
 

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