What to do about a mechanic’s lien?
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What to do about a mechanic’s lien?
I just bought a home which needed a new roof to pass an FHA inspection. The roofer lied to me about lower home insurance costs and tax refunds. He received $4350 at closing with an outstanding balance of $3090. He sent this to a finance company at 18% interest. I only have 1100 sq.ft. He put a lien on my property and refuses to answer my calls. I don’t intend to sell the property for at least 15 years. If I don’t pay what can happen to me or my property. I am a veteran, 53 years old, and on a limited budget. My first home has turned into a nightmare.
Asked on February 16, 2011 under Bankruptcy Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
So what you m need to do is try and set aside the contract with the roofer. Now, you can state that the contract upon which the lien is based was based upon misrepresentation and fraud upon inducement to contract. You are going to have to get the court to void the contract. I am assuming that the entire price fr the roof is beyond what is reasonable for the size and the costs in your area, correct? Get estimates for repair that show this. The estimates will not cost anything. You can also try and use the estimates to prove that the lien is fraudulent if the price paid at closing should have covered the entire new roof cost. Then is Florida you can file a contest of lien, which requires the lienor to come forward to prove its case within 60 days or the lien is discharged. If it is fraudulent then the roofer will not try and prove otherwise for fear of the courts. But there may be another out: after one yearthe lien expires even if you do nothing, unless the lienor files an action to enforce the lien within the year. If he does then you can countersue as to the original contract as stated above. If you are not going to sell or refinance your property within the year, it may be a non-issue. Try and see if legal aid can help you in some way given your financial position. Good luck.
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