Legal Question in Real Estate Law in Utah
legal lien
we have closed on our construction loan and was free of any liens. We had an outstanding balance we owed builders on the side for finishing basement. We paid but are now being told they have accrued more cost then thought and put a lien on us for the additional amount they think they are owed. Can they do this legally and do we have to pay it? We are trying to see the home can we do that with a lien against it? Also we would like to refinance it but i dont think banks will even look at us with a 50k lien on the home.. Help any advice would be greatly appreciated. Also we are looking at the diff between bankrupcy and forclosures and what would be the best thing for us and the safetest. We have a investment property as well that has not sold and are looking at forclosing if we dont get it sold quickly. We just want to know what our best option would be...
1 Answer from Attorneys
Re: legal lien
Sue them for wrongful lien (which gives you attorney fees and treble damages). The contract will govern any right they have to file a lien. You may call for a free consultation.