mechanics lien being contested??

[stevebobbin]

I filed the lien 4 years ago and now owner is selling. court is holding monies for a hearing. what do I need to defend my work put into buildingfrom 5 yearsago? was supposed to buy building but owner was convicted of fraud. had back taxes of 25,ooo
filed for maximum in small claims,4,000.court is holding 9,000, from sale. thankyou steve cleveland ohio.....

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by stevebobbin:
I filed the lien 4 years ago and now owner is selling. court is holding monies for a hearing. what do I need to defend my work put into buildingfrom 5 yearsago? was supposed to buy building but owner was convicted of fraud. had back taxes of 25,ooo
filed for maximum in small claims,4,000.court is holding 9,000, from sale. thankyou steve cleveland ohio.....<HR></BLOCKQUOTE>

I do not understand what the owners fraud conviction has to do with your perfecting your lien. Once it attaches, it remains on title until it is paid off. You need a local real estate attorney to help you.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by stevebobbin:
I filed the lien 4 years ago and now owner is selling. court is holding monies for a hearing. what do I need to defend my work put into buildingfrom 5 yearsago? was supposed to buy building but owner was convicted of fraud. had back taxes of 25,ooo
filed for maximum in small claims,4,000.court is holding 9,000, from sale. thankyou steve cleveland ohio.....<HR></BLOCKQUOTE>

I do not understand how the owners fraud has anything to do with you perfecting your lien and foreclosing. You need to hire a local real estate attorney to help you. It appears that at the time, you just filed the lien and did not pursue collecting on it.

 

[Tracey]

You need to be able to prove how much $$ you put into the house (labor logs, materials receipts, time spent designing), that you had a contract to do the work & the contract price, & why the court should give you the money even though the lien almost certainly expired 9-12 months after you filed it. Read your state's lien laws at the local library. You may end up losing on the lien claim & having to file a new lawsuit to collect your money.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.