Legal Question in Real Estate Law in California
abusive liens
I gave an option to purchase an incomplete home. the buyer was to complete the property to a point where he could obtain a loan. he did not. I had to complet the property and when attemting to refi discovered multiple liens. These liens were from people that lended the buyer money. I had the liens exponged as they did not perfect the liens on time. I filed a notice of completion However they are refiling the liens (for more money) after the deadlines, additionally the buyer has filed a $300,000 lien (also after the 20 day notice of completion). I have lost the loan as a result and the note holder has post ponned foreclosure as I have not paid the (expired) baloon while fighting the liens. It seems this group of people plans to refile the liens and block my loan. I have spent $10,000 removing the liens that collectivley cost less that $100 to file. HELP! what can i do to block the leins. ps the liens are filed against the buyer (who convinced all that he was the owner) these people are holding my property hostage for money loanded to the buyer. the buyer had not spent the funds ont the property and has not produced any proof of money spent in 9 months.
5 Answers from Attorneys
Re: abusive liens
I think you are in the Fresno area, too far away for me to take the case efficiently. So, this advice is totally non-commercial.
I would say you have an emergency on your hands.
You should find a LOCAL lawyer who practices in the county where the property is situated and who has a specialization of sorts in real estate and/or construction litigation.
You have too much at stake to waste time with free bulletin boards or self-help.
I hope your option agreement was in writing. It is probably too much to hope for that it was professionally drafted with attorney fee provisions and covering the seller's remedies upon the buyer's default.
Re: abusive liens
Very complicated and I can understand why all this happened. The house had to go through escrow with a preliminary title report which would show the liens. Additionally other title searches should've occurred. Why they still there. I really don't understand why you're wasting your time asking this question on the net instead of hiring a good real estate attorney to help you out of this predicament right now. That's the answer I'm going to give you as the problems you have our very complicated and sophisticated without explanation is to why their even present. I am in San Francisco Bay Area have been practicing real estate law for over 30 years. If you wish to contact me I'm at 925 -- 945 -- 6000. mechanic's liens are purly legislative and lkthe time limits are construed very strictly, i taught mech. lien law in my real estate courses for years. i need more info to see if they can do this to answer your questions.
Re: abusive liens
I couldn't agree more with Mr. Whipple. Find someone that understands real estate and mechanic's liens. It sounds like you got yourself into a real pickle and probably will not be resolved without litigation. Call us if we can be of assistance.
Re: abusive liens
20 days after the notice of completion, no more liens can be filed. If they are, you can sue for slander of title and get a sweet money judgment.
Re: abusive liens
You need to retain counsel to handle this entire matter. Overall, it would likely save you money and get things resolved, properly and completely.
Don Holben 8006-685-6950
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
