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lien placed on home by contractor

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carlarae

Guest
What is the name of your state? arkansas
I have a newspaper article that tells alot of the details of my situation if anyone would like to read it i can e-mail it but the just of it is that i hired a contractor to build me a two story home and he never even completed the framing,our promisary note specifically stated the first draw was to be given to the contractor at the commencement of construction(28,050.00) the second draw was due at the completion of framing,he never completed framing,did not pay for materials out of the first draw and he has filed a lien for the balance of the promissary note stating that he completed the construction and supplied the materials. the lien is for 76,825.00 it cost him less than 15.00 to file this lien that is costing me thousands in interest only payments because the lien is keeping me from getting permanent financing,theres so much more to this story...theres also more victimswith similar situations we are suffering finacially,physically and emotionallywe need answers,advice,an angel to put closure to the nightmares that once were wonderful dreams. we have sought legal advice and counsel time and money is running out please help
what i thought was a contract is a promissary note
 
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HomeGuru

Senior Member
carlarae said:
What is the name of your state? arkansas
I have a newspaper article that tells alot of the details of my situation if anyone would like to read it i can e-mail it but the just of it is that i hired a contractor to build me a two story home and he never even completed the framing,our promisary note specifically stated the first draw was to be given to the contractor at the commencement of construction(28,050.00) the second draw was due at the completion of framing,he never completed framing,did not pay for materials out of the first draw and he has filed a lien for the balance of the promissary note stating that he completed the construction and supplied the materials. the lien is for 76,825.00 it cost him less than 15.00 to file this lien that is costing me thousands in interest only payments because the lien is keeping me from getting permanent financing,theres so much more to this story...theres also more victimswith similar situations we are suffering finacially,physically and emotionallywe need answers,advice,an angel to put closure to the nightmares that once were wonderful dreams. we have sought legal advice and counsel time and money is running out please help

**A: you need to hire an attorney to file a counterclaim and refute the lien at the show cause hearing. If you signed a prom note rather than a contract, I do not understand why.
 
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LoveToGolf

Guest
I am not an attorney and will not proffer legal advice to you. Clearly you need the services of an attorney first and foremost, but good Lord, I can't help but ask what assistance you've received through your Arkansas Registrar of Contractors office? If you haven't yet filed a complaint with them you can reach them at 501-372-4661 or www.state.ar.us/clb/

The fact that you signed a Promissory Note instead of a Contract makes no sense to me whatever, and may have a bearing on how the ROC proceeds, but it's worth your time and effort.

Arkansas requires a $10,000 Licensing bond from its Building Contractors, which is minimal to be sure, but if deemed appropriate, in most States the ROC can hold hearings, seize the bond, levy fines, order the work to be completed pending proper inspections, and suspend or terminate Contractors Licenses, no small matter to be sure!

Arkansas requires any Building Contractor performing work worth $20,000 or more to be licensed, which applies in this case. If he is NOT licensed, (assuming Arkansas is like my home State of Arizona) the ROC will have no jurisdiction, but they may send the case to the Attorney Generals Office on the basis of fraud. Good luck!
 

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