What is the name of your state? Ohio
My husband and I invested in what we thought was a great venture in April 2005. We contracted Westwind homes to build a spec home that when finished we could sell it to someone who couldn’t afford the construction portion. In December of 2006 the builder informed us he was having financial problems and was not using the draw money to pay the contractors on the property. We immediately changed the lock box and began finding people to finish the home. He gave us some invoices, which we paid, but were unaware of what was else was out there.
Long story short, we have been inundated with legal notices of liens, and most of the liens recorded are for work done last summer (2005). It is our understanding that contractors have 60 days from completed work to place liens on property. We are not in any way trying to skip our responsibilities, and understand their need for payment, but legally I don’t think they are correct. No one was in that house (at the time we took over in December it was 88% complete) without our authorization as we had changed the lock box.
Some of the liens said they were there when they couldn’t have been and I feel thwarted and cheated, and broke and want to know if there are some steps we can take to get these liens released. I have made copies of all the paperwork I have (invoices where available, and the legal paperwork we received, as well as cancelled checks for the portion of the liens we had already paid in December). We can’t possible sell this home until we clear these liens and the house isn’t going to sell anywhere close to what is needed. My husband became unemployed in Oct of 2005 and just started a new job this past July, so needless to say, doing this on my income has been unsurmountable.
I apologize for the lengthy email, but I am at a loss. We had a little to spare last year when we closed hoping to profit from it and now after nearly 9 months of backpedaling, running ourselves dry, we don’t know what to do. Can you help? Is their false information legal? I called an attorney and he said he tells his contractors to just show up at the property with a broom so you can say you were there! I’m mortified and would appreciate any help you can provide.
Thank you. What is the name of your state?
My husband and I invested in what we thought was a great venture in April 2005. We contracted Westwind homes to build a spec home that when finished we could sell it to someone who couldn’t afford the construction portion. In December of 2006 the builder informed us he was having financial problems and was not using the draw money to pay the contractors on the property. We immediately changed the lock box and began finding people to finish the home. He gave us some invoices, which we paid, but were unaware of what was else was out there.
Long story short, we have been inundated with legal notices of liens, and most of the liens recorded are for work done last summer (2005). It is our understanding that contractors have 60 days from completed work to place liens on property. We are not in any way trying to skip our responsibilities, and understand their need for payment, but legally I don’t think they are correct. No one was in that house (at the time we took over in December it was 88% complete) without our authorization as we had changed the lock box.
Some of the liens said they were there when they couldn’t have been and I feel thwarted and cheated, and broke and want to know if there are some steps we can take to get these liens released. I have made copies of all the paperwork I have (invoices where available, and the legal paperwork we received, as well as cancelled checks for the portion of the liens we had already paid in December). We can’t possible sell this home until we clear these liens and the house isn’t going to sell anywhere close to what is needed. My husband became unemployed in Oct of 2005 and just started a new job this past July, so needless to say, doing this on my income has been unsurmountable.
I apologize for the lengthy email, but I am at a loss. We had a little to spare last year when we closed hoping to profit from it and now after nearly 9 months of backpedaling, running ourselves dry, we don’t know what to do. Can you help? Is their false information legal? I called an attorney and he said he tells his contractors to just show up at the property with a broom so you can say you were there! I’m mortified and would appreciate any help you can provide.
Thank you. What is the name of your state?
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