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frustratedmonk

Junior Member
What is the name of your state? North Carolina

Ok, I have posted a few threads regarding issues about a house that we are under contract to buy....but there is a new twist today! :eek:

The contractor has filed a $55,000 lien against the property.....which he had a contract with the owner to build before January of this year. He is clearly in breach of contract......the house is still not finished and it is Aug! He is sueing the realtor/owner for breach of contract (which doesn't make sense if he is the one who has breached it), and filed the lien when he has been drawing payments out of the account. How can he say he hasn't been paid when A) Work hasn't been finished....while the subcontractors have been paid, and B) he has drawing power out of the owner/realtors account for all payments related to the house!?

Is this a false lien??? If there is proof that he has access to the account...can the lien still be enforced? :confused:

We have a contract to purchase this house....and this building process has been going on for over 8 months......his contract with the owner/realtor says that he was supposed to be finished..........who has the best legal postition???

Thank You!
 


HomeGuru

Senior Member
frustratedmonk said:
What is the name of your state? North Carolina

Ok, I have posted a few threads regarding issues about a house that we are under contract to buy....but there is a new twist today! :eek:

The contractor has filed a $55,000 lien against the property.....which he had a contract with the owner to build before January of this year. He is clearly in breach of contract......the house is still not finished and it is Aug! He is sueing the realtor/owner for breach of contract (which doesn't make sense if he is the one who has breached it), and filed the lien when he has been drawing payments out of the account. How can he say he hasn't been paid when A) Work hasn't been finished....while the subcontractors have been paid, and B) he has drawing power out of the owner/realtors account for all payments related to the house!?

Is this a false lien??? If there is proof that he has access to the account...can the lien still be enforced? :confused:

We have a contract to purchase this house....and this building process has been going on for over 8 months......his contract with the owner/realtor says that he was supposed to be finished..........who has the best legal postition???

Thank You!
**A: no it is not a false lien.
 

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