Legal Question in Real Estate Law in California
I bought a brand new home in 2007 and it also was the model home. The builder rented it from me for two years and used the home as sales office. On Dec 8, 2008, the builder (John Laing homes) hired a landscaping company to do some improvements. The builder left on Jan 1, 2009 and never paid the bill for these improvements (cost was $50,000 estimate). Now the landscaping company put a mechanical lien against my property in March 2009. Two weeks ago I was served with a summons by the landscaping company attorney, to try to get the money from me. Do I have a chance in not paying this? I had no knowledge that the builder did this and the landscaping company cannot get the money from the builder because the builder filed Bankruptcy, and then later Chapter 7...
What do I need to do? pls. advise
2 Answers from Attorneys
It depends on when the work was done. There are strict timelines that determine when a lien must be filed and when a lawsuit must be brought to foreclose on the lien.
More importantly, under Civil Code ?3110, the landscaper may not be entitled to lien if he was not hired by the owner (you). Contact me if you'd like to discuss further.
Good luck.
You'll have to fight and assert your defense[s] to the case. You MAY have valid ones that could win a motion for dismissal or for summary judgment on the the case. But, it is not likely the plaintiff will roll over and allow you out without a fight, since you are the only pocket left, deep or otherwise. The lien is not the issue to fight over, unless you are trying to sell or refi the house. If so, then fight over the timeliness of the lien, which may be too late to be valid. The lawsuit itself is your problem. If it was brought timely, within the statute of limitations, which it surely was, then grit your teeth and file your Answer, pleadings, motions, etc. You should have an experienced attorney handle this. Feel free to contact me if serious about doing so.
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