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Mechanics Lien against Our Builder

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vlwalli

Junior Member
What is the name of your state (only U.S. law)? Minnesota. - My husband and I bought a brand new townhome in August of 06. In November of that year, we were presented with some mechanics liens that were against the builder for not paying some of the contractors. (one thing to note first, is we did not purchase title insurance, which was VERY BAD). In any case, they also put liens on our title. There were numerous liens - there was a court date, and we showed up without an attorney. Our builder kept telling us our title was clear when we bought it so they had no right to slap a lien on our title, and he'd "take care of it". Well, the first court date was just to extend it, and to set it for a later date. WE were never notified of the new date, and apparently a mediation occurred that we didn't know about. The builder settled the matter, and we got papers stating that the builder (among some others that were included as defendents) has been released from the liens, but that anyone on the service list (which my husband and I were on) who did not show up at court, is not released...so we still have liens on there.
We paid the builder full price for the house. We didn't owe any contractors any money, because we paid the builder. Now with all of this going on, I want to sell this place, and I know I cannot do it until the lien is paid. I've never been told how much we supposedly "owe"... I don't know what to do but I want out of this house, and its coming to the point where if we have to walk away and foreclose, we will. WE ALREADY PAID FULL PRICE FOR EVERYTHING. Just because the builder failed to pay his people, now we're stuck. Should we hire an attorney and sue them? How can we get out of this? HELP!What is the name of your state (only U.S. law)?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Minnesota. - My husband and I bought a brand new townhome in August of 06. In November of that year, we were presented with some mechanics liens that were against the builder for not paying some of the contractors. (one thing to note first, is we did not purchase title insurance, which was VERY BAD). In any case, they also put liens on our title. There were numerous liens - there was a court date, and we showed up without an attorney. Our builder kept telling us our title was clear when we bought it so they had no right to slap a lien on our title, and he'd "take care of it". Well, the first court date was just to extend it, and to set it for a later date. WE were never notified of the new date, and apparently a mediation occurred that we didn't know about. The builder settled the matter, and we got papers stating that the builder (among some others that were included as defendents) has been released from the liens, but that anyone on the service list (which my husband and I were on) who did not show up at court, is not released...so we still have liens on there.
We paid the builder full price for the house. We didn't owe any contractors any money, because we paid the builder. Now with all of this going on, I want to sell this place, and I know I cannot do it until the lien is paid. I've never been told how much we supposedly "owe"... I don't know what to do but I want out of this house, and its coming to the point where if we have to walk away and foreclose, we will. WE ALREADY PAID FULL PRICE FOR EVERYTHING. Just because the builder failed to pay his people, now we're stuck. Should we hire an attorney and sue them? How can we get out of this? HELP!What is the name of your state (only U.S. law)?


**A: yes, you need to hire an attorney.
 

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