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Ritch

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Ritch54

Junior Member
Is it correct that if I have a lien filed against my house and I have an affadavit from the builders that all suppliers have been paid and there aren't any liens filed as of the closing the lien is unenforceable and the lien holder can go after the builder for signing a false affadavit. I live in Georgia.
Thanks
 


S

seniorjudge

Guest
Ritch54 said:
Is it correct that if I have a lien filed against my house and I have an affadavit from the builders that all suppliers have been paid and there aren't any liens filed as of the closing the lien is unenforceable and the lien holder can go after the builder for signing a false affadavit. I live in Georgia.
Thanks
If you are saying that someone has filed a false mechanic's lien against your land and that you can prove this in court, then you need to get yourself a lawyer as soon as possible and sue them.
 

nextwife

Senior Member
Ritch54 said:
Is it correct that if I have a lien filed against my house and I have an affadavit from the builders that all suppliers have been paid and there aren't any liens filed as of the closing the lien is unenforceable and the lien holder can go after the builder for signing a false affadavit. I live in Georgia.
Thanks
Was the builder collecting waivers from all the subs and materialmen in exchange for their draw checks? It may not be a lien due to the BUILDER falsifying, it could be a sub who didn't pay a material supplier. Unless we know the particulars, we can't tell you who you may have recourse to go after. A builder's affidavit is only PART of the package that I normally see for new construction. IT may be different in your market. But, without waivers, mechanics liens may indeed be filed. They may be filed anyway, but having a waiver is a really good idea.
 
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