Legal Question in Real Estate Law in California
I have engaged a general contractor to remodel homes to resell....flipping houses
The last house he did he...1.) did not pay all his subcontractors 2.) Did not do the final repairs per his contract with me....hired others to do so 3. 0 did not reimburse me for purchases he made on my credit card 4.) signed a note for $30,000.00 for money to purchase a vacant lot for himself.
He now no longer responds to my emails, calls etc. I want to sue him but would like to put a "provisional" lien on the lot in case he transfers it into someone else's name. IS This possible to do?
1 Answer from Attorneys
It is possible but not easy. Involuntary liens are generally only placed on people's property after a judgment is entered against them. In some circumstances, however, such as where money has been diverted from its intended use to other purposes, the asset that money went into may be subjected to a prejudgment writ of attachment, IF you can prove to a judge you are likely to prevail. Yours sounds like a case where this might be possible, but of course I would have to know all the facts and details and review the evidence before I could even venture an accurate opinion as to whether it would be possible.
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