HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-09-2008, 01:48 PM
Junior Member
 
Join Date: May 2008
Posts: 1

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?
Reply With Quote
  #2  
Old 05-09-2008, 01:51 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 27,470
Q: What are the best next steps?

A: Obviously we need a real estate attorney...
__________________
My signature is not working.
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 03:06 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.