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A developer owes money to a subcontractor how does the subcontractor lien the property?
Wiki User
∙ 15y ago
File a Mechanic's lien (the form is available on the web) with the County Recorder against the property where you performed the work. The developer will not get paid by the owner of the property until all liens have been released. However, you had to have served a Preliminary Notice for the work you were going to perform on the General Contractor to be able to file a lien against the property.
Wiki User
∙ 15y ago
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Can a subcontractor hire another subcontractor and put a lien on property if second subcontractor is replaced even with a signed contract?
A subcontractor can hire another subcontractor but can only put a lien on the property if the original subcontractor isn't paid. The lien can also be placed if the second subcontractor was not paid because of the original subcontractor was not paid. The replacement of the second subcontractor is not grounds for a lien.
What is a subcontractor release of lien?
this is a waiver of lien by contractor, subcontractor, or supplier.
Is it legal to place a lien on a builders property if the builder owes you money?
It depends what the builder owes you money for. If you were a subcontractor and provided materials or labor for the property and have not been paid, you can probably file a mechanic's lien. The requirements for this vary from state to state, so you should probably check with a lawyer.
Can I file criminal charges against my contractor for taking my money and not paying his subcontractor who then filed a lien on my house?
No
Can a lien be placed on a subcontractor if they do not own a home?
Yes, you are entitled to place a mechanic's lien on a subcontractor (regardless of property ownership) or you can opt to file a claim in small claims court. Just remember to file the paperwork properly or contact a lawyer who specializes in this type of work.
Can you get a lien on your Homesteaded property in Florida?
Yes, you can get a lien on your homesteaded property in Florida. A court will put a lien on the property if money is owed in a judgement.
What will happen if the builder won't paid the subcontractor after the closing but we already paid the builder in full Are we responsible and can they put a lien on our home What should we do?
Generally, if the title to your property was free and clear of any lien by the subcontractor when your deed was recorded then it's too late for the subcontractor to record a lien now. The subcontractor would need to sue the builder in a separate court proceeding in order to get paid. If there WAS a lien recorded by the subcontractor prior to the sale it should have been paid from the proceeds at the closing. Payment of any outstanding liens would be your attorney's responsibility. If the subcontractor contacts you for payment refer them to the attorney who represented you in the purchase. In Pennsylvania there is a new law that allows subs to file liens against your property even after you have closed and received free/clear title. Look into it if you're buying in PA. TH Properties was the builder, see website formed by the buyers: wheresbuilder.com
How can your attorney protect you against liens from a subcontractor?
Many states have a statute of limitations period wherein a subcontractor can only place a mechanics' lien on a homeowner's property if the action isinstitute within 90-120 days from the last date the subcontractor completed work on the homeowners property. If outside the statute of limitations period aforementioned, the subcontractor must pursue other remedies such as a lawsuit for breach of contract, unjust enrichment, etc.
Can Property be Taken if you owe Child Support?
If you owe child support, the custodial parent can place a lien on your property. A custodial parent who is owed child support can place a lien on your property. A lien is a notice that tells the world that there are claims against you for money
How do you place a lien on property in Texas?
This is best answered by a Real Estate attorney. There are several different liens that can be put on a home and they can best guide you how to do that. If you dont have the money for that then call your local court house and ask the clerk of the court what your options are. If the debt was incurred due to repairs or improvement on the property itself a Mechanic's Lien can be filed against the property in the office of the county clerk or recorder of deeds in the county where the property is located. This type of lien can be filed by a contractor, subcontractor, building materials supplier, laborer, a person who supplied the labor or material to improve the property through repairs or additional construction. This type of lien does not apply to a loan obtained to do the actual repair or improvements. If the lien is for any other type of debt (credit card, personal loan, promissory contract, etc.) the person seeking recovery for a debt must sue the debtor in the appropriate state court, receive a judgment against the debtor and execute the judgment as a lien against property or the portion of property that is owned by the debtor.
What is a mechanic's lien?
A mechanic's lien is a claim against a real property for money owed for labor and materials. A mechanic's lien may be filed by a supplier or a subcontractor who has provided labor or materials and has not been paid. A lien must be properly filed by a claimant. It has a limited life, prescribed by statute that varies from province to province and state to state. If the lien-holder takes action within the prescribed time, the homeowner may be obliged to pay the amount claimed by the lien-holder.
What to do when a contractor does not want to pay a sub contractor?
A subcontractor can turn to Construction or mechanics lien law in order to secure payment. By being lien law compliant, meeting specific requirements such as preliminary notices and within time restrictions, a subcontractor can withhold payments to the primary contractor or lien the property. Lien laws are state specific and you should check your state's statutes for the requirements and restrictions. Property owners can protect themselves from these liens by requesting waivers or releases from all subcontracts and the primary contractor for each payment as well as a Contractor's Affidavit at the end of the job in exchange for the final payment.
