Legal Question in Real Estate Law in California
Mechanics Lien Guru's Please Help!
Here's the facts:
I am in California.
I purchased a house via grant deed transfer on 12/22/02. $7,500 down; Owner cary back of $75,000
Two months down the line when I go to re-finance I find out property had $8,000 in arrerage and $7,000 mechanics leins. No I did not do a proper title check (seminar number one).
I make arrangements with the lein holders of the trust deed (mortgage) and mechanics lein holders and pay them all off- thus allowing me to re-finance conventionally. (8/03)
Every thing hunky-dory
4/04 - Decide to sue seller for fraud - send 2 ''formal letters,'' then in 6/04 two counts of civil fraud for $25,000.
7/04 - I decide to sell property.
Yesterday (8/25/04) Property to fund today. Get a call from title / escrow officer - the guy I am suing PLACED A MECHANICS LEIN ON ME! It is obviously a retalitory tactic - however, let me stay with the facts::::
The Mechanics Lein was placed AFTER he was served from my law firm.
The Mechanics Lein is in hand-writing, looks cheep and states ''for refrigerator, couch, and misc applicances,'' The $$ requested is $21,000. I HAVE BEEN SHOCKED TO FIND OUT THAT IN CALIFORNIA YOU DO NOT NEED A NOTARY STAMP TO RECORD A MECHANICS LEIN - I called the Fresno county recorders office
3 Answers from Attorneys
Re: Mechanics Lien Guru's Please Help!
Normally, only a contractor can put a mechanic's lien. Was there a preliminary notice? Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California.
We can review your documentation by fax and speak with you by phone.
Re: Mechanics Lien Guru's Please Help!
Your attorney may not be doing such a great job for you if you have to turn to LawGuru for supplemental advice. He/she should probably amend the complaint to include a cause of action for breach of the warranties of good title implied by a grant deed, and for the subsequent malicious act of filing the fraudulent mechanic's liens (probably abuse of process, slander of title, and interference with contract). Sounds as though some punitive damages could be awarded.
It is easy to amend a complaint before the other side has answered. After an answer or other responsive pleading, you need the court's OK.
Re: Mechanics Lien Guru's Please Help!
I agree with Mr. Whipple that if you are turning to Law Guru, your attorney does not seem to have a good grasp of what is happening. The Mechanics Lien is likely no good, and does give you additional remedies against the other party. Consider interviewing other local attorneys to assist you.
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