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olegy
Participanthttp://transworldsolar.com/
Instelled 6K system about a year ago.
Just a hint – if total cost of a standard installation exceeds $4/W – you are getting ripped off. No matter what they say about premium panels, etc.ParticipantYes, the contractor has 90 days to foreclose, but he will never file, not for $550. It is a very costly process and no attorney would take that case on a contingency basis. Otherwise, the contractor will have to pay much more than $550. Plus the lien is bogus – you have nothing to afraid of. After 90 days you can file a petition to expunge the lien. In theory, you’ll be entitled to up to $2000 in attorney costs, if you win and you will win, if lien is not removed by the court date. But, as I said above, if the contractor is smart enough he will remove the lien a few days before the court date, file lien release papers with the court and you’ll have no case, because there will be noting to expunge. Right after the court date he’ll file the lien again.
In our case , the contractor was dumb enough to not remove the lien by the court date and we’ve got our $2000 in attorney costs judgment, witch we traded for the a court order, which prohibit him to place any additional liens on our house – otherwise $2000 would stand.
If that line bothers you, settle it for less, or let 90 days to pass, ignore it and wait until you sell or refinance your house. If you do it in a few years from now, and the contractor decides to file the lien again after you removed it, you’ll have better perjury case, than now.Participant[quote=ucodegen]@olegy – new account. Created and then immediately posting to this. Interesting.
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I’ve been reading this forum for years. Just decided to post on the topic, which is quite painful for me.
We rebuilt our house after the year 2007 fires and got quite a few liens, because of us been inexperienced and our lack of knowledge.
We’ve been hit with a wave of fake “change orders” from one contractor, a lien from another one who even did not work on our site at all, just claimed a verbal contract – he lost hist lien claim, but won in a small claims court – with no written contract – just by hearsay.
It is a very complicated area of the law, designed to protect contractors, not homeowners. And as I said – it is a real world example.
Take an advice from a person who dealt with it in a real life…ParticipantIt the lien has been filed, it will be very difficult to remove it without a payment.
Believe me, I know – has been dealing with such con artists a few times. By the law, only a licensed contractor has a right to file it, only if a written contract exists and only if a preliminary notice of lien has been mailed to you ( unless you directly contracted him). In practice, any ( I repeat ANY) person could file a lien on your house without ANY reason. Such a lien (as the one you probably have) will be invalid from the beginning, but it is close to impossible to remove it without $$$$ in attorney costs or actually paying it to the blackmailer.
Unless you plan to sell or refinance your house that invalid lien will have absolutely zero effect on you.
But when time comes to sell or refinance you have to remove it by either paying to the contractor or hiring a lawyer to expunge it by the court decree.
The catch is – contractor can remove the lien a day before the court hearing and place a new one day after it. And you’ll have to pay to your lawyer again to expunge the next one. And up to infinity.
And good luck bringing DA to charge them with a perjury.
The only known way to stop that insane process in to file a mechanic lien by yourself on the contractors home. It is illegal, but works.
And if a contractor has no real estate , the last resort is to file a injunction to prevent him from placing illegal liens on your house. And it will cost you $$$$ in attorneys fees.
Much higher than $550. I would rather just settle with him for lets say $200 or so.
Good luck. -
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