Legal Question in Construction Law in Georgia

Materialmens liens placed on our home

My husband and I applied for a home equity line of credit and have discovered a lien that dates from 1998 and was placed by the builder of our home. This is the first we are hearing about this thing! We refinanced our house twice in the past several years and had no issues and this lien never showed undoubtedly.

This builder was a crook and skipped town shortly after we got in our home, leaving a punch list a mile long. We never heard from him agian and almost didn't get the certificate of occupancy. Now, we have no earthly idea where he is.

How could we have not received notice about this? Its totally bogus - we had a contract and paid him in full. The lein document has NO info - just that its a materialmens lein for the amount. Its for $2,781.47

Any suggestions as to what to do about this?

Another lien (same kind) was placed on our home last year. We received notice for this. We added a deck to our home and hired a contractor to build it. We have a contract and a signed paid in full receipt from the contractor, yet the building supply store has placed the lien for nonpayment of this guys bill. How can we be held accountable for his nonpayment?

Can we fight either of these?

Thanks


Asked on 4/29/05, 10:43 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Materialmens liens placed on our home

I am not qualified to answer your question, but because you have received any other responses, I would suggest you contact Philip Siegel at the contact information below. He focuses on construction law.

Philip J. Siegel, Esq.

Hendrick Phillips Salzman & Flatt

230 Peachtree Street, Suite 2500

Atlanta, GA 30303

(404) 522-1410

Fax (404) 522-9545

[email protected]

Glenn M. Lyon, Esq.

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 5/04/05, 9:58 am


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