C
camaro68conv
Guest
title co found a mechanic lein on property the day after we signed all contracts. they advised me that they only had payoff figures thru the 1st of the month and that they woulld have to get new figures for the third day of the month ,,,but that I should sign all contracts on second and would be issued check for the equity once they obtained updated payoff figures, the net day i was advised that a 5200.00 mechanic lein was placed on the property on the 18th day of the previous month for a unpaid loan to a private individual. at that time i advised the realestate agent and title co, that i would like to cancel the sale until this was resolved I was threatened by my realestate agent of breach of contract suit and by the buyer also, because i signed contracts the day before at the title company with the understanding that the property had no leins,..the net day the third day of the month is when a new title search revealed this frivilious lein....the title co advised me that they must hold 11/2 times the lein amount if i wanted to continue the sale. I was forced(i feel) into the sale , threatend by lawsuits frm buyer and realestate agent. I was the advised by the title co, that they could only hold the funds totaling 7900.00 for two weeks and that if didnt have a court order releasing the funds to me they would be turned over to the person who placed the lein on the property. I argued that it would be alnost impossible to get a court order within the two week period. The title co. drew up a special contract allowing 90 days for a court order, this was agreeed upon by both myself and the person who placed the mechnic lein on the property. Under the advise of a local atty who i retained....we sent a demand letter to the person placing the mechanic lein on the property that he had 20 days to sign a quit claim deed or we would fila a lawsuit for placing this incorrect lein on a proprty for a supposed unpaid private loan. we got no resopnse. we also sent a letter to security title co demanding immediate return of funds of 7900.00 to myself because this mechanic lein was void on its face becausea mechanic lein cannot be placed on property for a unpaid privaste loan regardless of loan or not. threatening security title of negligence lawsuit because they should have never witheld funds for this invalid lein. it has been 6weeks and the title co is still given no answer stating that their law dept was reviewing the case. the 90 deadline for a court order is approaching quickly . my atty advises me that the title co wont give funds to person who placed lein for fear of lawsuit by me. I did sign a agreement stating they could if ther wasnt a court ordedr within the 90 days, i cant afford another lawyer. and none of the realestate lawyers will even speak to me without a large consutliung fee. Are the facts about the mechanic lein not being valid true? should i file suit before the 90 day deadline....or do i just wait as my atty advised me?...He advised me today that he would fa the title co today advising that they have had 6weeks since they advised us they were having their attys review the case,and allowing them another 5 days to resopnd or we would file suit against the title co and the person who placed the lein...that brings me to the 29 th of the month...i signed the contraect on 02 feb. wth the understanding that all they needed were updated payoff figures from my (the sellers)mtg co. ,,,i feel i was forced into the sale by the title co. becsuse they had me sign all contracts on the o2 feb and advised me of lein on 03 feb.....otherwise i would never have signed the sale contract,,,,help with any advise in this matter , please,......thank you , craig Aabye [email protected]