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T O P I C    R E V I E W
n/a Posted - 05/19/2008 : 10:07:35 AM
Is it possible to lien a borrowers property if the signing company doesn't pay you? If so, how is it done?
4   L A T E S T    R E P L I E S    (Newest First)
BobbiCT Posted - 05/20/2008 : 09:47:42 AM
"Is it possible to lien a borrowers property if the signing company doesn't pay you?"

I doubt it very much. As suggested, consult an attorney.

1. Property liens are usually for someone who has perfomed "work" that added value to the real property being liened, aka a "mechanics lien" for plumbers, carpenters, electricians and the like.

2. Your contract was NOT with the property owners. When you consult with an attorney, show him/her the written contract for that assignment. It may not even be enforceable in your state.

Bottom line: It is never a good idea and almost a legal impossibility to sue someone who did NOT contract directly with you for your services and agree to pay you an agreed upon fee prior to your performing those services. In this case, the homeowner has already paid someone else for your services (whoever is listed on the HUD-1 or HUD-1A settlement statement). The downside of being a sub-sub-contractor.
Lee-AR Posted - 05/19/2008 : 9:24:45 PM
In a word--No. In lots of words: You do not have a contract with the Borrower and they have already paid for your services. Just stay on XYZ. File a BBB report in XYZ's city, state. That's the only way I know of that will get you paid.
n/a Posted - 05/19/2008 : 8:22:27 PM
Ken

Thanks for your response but I would hardly consider $1005.00 as a small amount. XYZ is into me for that amount. And as all the other comments on this post, they are impossible to collect from. Your advice on an attorney is of course what I will end up getting but I was just hoping someone might have a opinion.
Cathy
edelske Posted - 05/19/2008 : 7:16:21 PM
Cathy,
That's a mighty big action for a mighty small fee.
Re-think this plan, better yet consult an attorney.
Most important of all, do NOT consider the postings here as advice in legal matters such as slapping a lien against someones home.


Ken



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