| mechanic's lien foreclosure What is the name of your state? FLORIDA
We were served with a mechanic's lien foreclosure yesterday by the company that installed our floor because the contractor did not pay.
TIMELINE
We received the notice of lien before they began service in October 2006
On November 2006 we closed on the property.
I have the title company endorsement that everything is clear.
The bank has a signed and notarized "Final Bills Paid Affadavit and Waiver of Liens" from the contractor stating all bill are paid, so they did not hold any fund in escrow.
On May 3 2007 the flooring company placed a lien against our property in the amount of $10K.
On March 24th 2008 while going through the refi process, the new title company discovered the lien against the property.
On May 1 2008 they filed the complaint and we were served w/papers.
Obviously we need a real estate attorney, but before we do that, I want to make sure we have all the paperwork we need to present our case.
My defense:
I read the liens can be placed 90 days from date of completion. No work was done after certificate of occupancy which was at the end of November. Therefore they did not file in a timely manner.
Also, we did not receive notice of the placement of the lien and neither did our lending institution. There is a certified letter code at the top of the lien, but when searching for it on the post office site, there is no such number recorded.
I am looking for advice on this matter. What are the best next steps? |