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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.
What else can I help you with?
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
If my home has a declaration of homestead on title does this protect my home from liens?
A declaration of homestead can offer some protection against certain types of liens, particularly those related to unsecured debts, by designating your home as your primary residence and protecting it from forced sale to satisfy those debts. However, it generally does not protect against all liens, such as mortgage liens, tax liens, or mechanics' liens. It's important to understand the specific laws in your state, as protections can vary significantly. Consulting a legal expert can provide clarity on your situation.
If someone has bad credit and you buy there home will that affect you?
No. It will not affect you unless you don't take the necessary steps to protect yourself from any liens against the real estate. You should be represented by an attorney who will have the title examined by a professional title examiner. The title exam will disclose any outstanding title defects, unpaid mortgages, judgment liens, income tax liens, etc. The attorney will also contact the town to determine if there are any municipal charges due such as utility charges, water and sewer charges, property taxes, or any other type of liens.
A developer owes money to a subcontractor how does the subcontractor lien the property?
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.
In Sarasota County Florida does your HOA need to use an attorney to file assessment liens?
HOA boards are populated by volunteers, who may be knowledgeable -- or not. Best practices dictate that boards work with association counsel to file liens against owners for past-due assessments. Improper liens and improperly filed liens give owners an out.
How do you buy property when the owner has judgments?
The judgments must be paid off in order to clear the title. You should not consider buying property unless you are represented by an attorney who specializes in real estate, especially property that is owned by a debtor. There are many different places an attorney will check for any liens against the property. If you are represented by an attorney it will be the attorney's responsibility to make certain all the liens are paid off and properly released of record.
If you have a judgment and lien against your home can you sell it and keep the equity of 125000.00?
The buyer's attorney would have a title examination performed prior to the sale. The liens would be disclosed by the title examination. The buyer's attorney would require that the liens be paid before the buyer takes title. You would get the net proceeds after the payment of the liens and any other sums due on the property such as property taxes, utility and municipal services and mortgages.
What does a law firm need to do to assert an attorney's lien in Illinois?
The statute on Attorney liens is 770 ILCS 5/1
How can you remove someone from an Ohio deed if there is a lien in his name without paying off the lien first?
You may need to consult a real estate attorney regarding this issue. If a person owns land and liens are recorded against him, those liens automatically attach to the real estate when the lien is recorded. If the person conveyed his interest in the land the liens would remain on the property. If the person conveyed his interest in order to defraud additional, known creditors who have not yet recorded liens, that could result in more costly and serious problems down the road. It would be best to consult with an attorney.
Does a general warranty deed that is alread transferred to grantor protect it from the previous owners creditors?
First, property is transferred by deed to the grantee. If the property is transferred to avoid creditors the creditors can still attach it through a court process. If there are already judgment liens, tax liens and mortgage liens recorded against the property then you would acquire it subject to those liens. They do not go away if you transfer the property to someone else.
If you inherit a house can creditors take that house to pay outstanding debts?
Most states provide some form of homestead exemption against creditors for your primary residence. However, the amount protected varies by state. The inherited property may be vulnerable to your creditors. Your creditors may seek judgment liens in civil court and may be able to record those liens in the land records thereby preventing a refinance or sale until the liens are paid. You should consult with an attorney, perhaps the attorney who is handling the estate.
What is the name for claims against property?
The name for claims against property is liens.
