We bought a house in 2006, refinancing now. The builder hired a landscaper to sod/seed the yards, plus create common areas. Apparently the builder didn’t pay the landscaper, so the landscaper had a lien assigned to every house in the neighborhood (as we all own the common areas). It came out to about $140 per house. Can’t refinance until the lien is released. It’s a small amount of money, but the PRINCIPLE pisses me off- why am I paying for some shit the builder should have? If I pay now, am I giving up some right to go after the builder for the money?
Anything else I can/should do other than pay the landscaper my $140 “share”?
Sometimes paying money is like having sex with Kobe Bryant, it doesn’t matter if you want it or not because it’s going to happen.
Pay it and move on. It will cost you way more to do anything about it.
That sounds more like sex with an angry gibbon or something.
Kobe Bryant is a bitch.
Pay it and move on. It will cost you way more to do anything about it.
Kinda figured. If they start building again, I might end up with $139.57 worth of “repurposed” lumber incorporated into the deck I’m building when we get home.
I felt bad for the finance guy at the landscaping company as I spoke w/ him. My father had a ton of deadbeat subs who didn’t pay up over the years.
I don’t normally endorse crime but that seems like justice.
How’s it crime? Their lack of desire to pay their debts resulted in a lien- unbeknownst to me- being placed on my property. I’m simply recouping the money they should have paid. 
They should be glad I don’t bill for my time- not cheap at all!
I’d probably walk into the builders office and take the first valuable piece of equipment I found.
It’s either that or go into their office and do the poop 'n fling like a zoo monkey!
If the sales office is still there, I’ll have to go introduce myself to some prospective neighbors…
Although self-help is always an option, perhaps a bit of that energy can be redirected. When you bought, one of the things that occurred was a title search on your parcel. If the lien was recorded against your parcel and not listed in the title search, BINGO! That is $140 that the title insurance policy gets to pay.
For the price of an email send off this claim to your title insurer. It will have to investigate the claim and get back to you with a result.
One other possibility is that the landscaper who filed the lien did not perfect it properly. Mechanic’s liens are strictly construed against the contractor (since the remedy is so draconian, it is fair to make the contractor jump through all of the hoops to get the prize) if it was not done properly, it is a defective lien and can easily be expunged.
None of this need hold up your refinance. You simply agree to impound the money to resolve the issue and move forward.
Good luck.
Interesting. The lien came after we closed, so I think that closes the title insurance avenue. As for the rest- I’m up to my ass in exams, I’ve got the toughest one on Friday and the last 3 the following week, then we head to KS. Not a huge deal- one of my neighbors is retired (read: spare time to get it done) and gets all fired up about this stuff- he’s likely got a line on some kind of suit vs. the builder, if he hasn’t initiated one already.
I will get a copy of the lien from the county- thanks for that.
The lien came after we closed, so I think that closes the title insurance avenue.
Maybe not. Part of the lien process requires that a preliminary lien notice be recorded. This would/should have been picked up in the title search. My point is just report the claim to the title insurer and let them do the work. That is why you paid the title insurance premium.
If you are pleasant with the title insurer, they can even tell you if the lien was properly perfected. Again, if the contractor did not jump through all of the hoops, it is screwed at this late date.
As for chasing the builder, probably a dry hole there. Better to save that action for the construction defects that will start turning up.
Good luck on your exams.
Will do- I’ll hit the title insurer tomorrow.
Home is now 3 yrs old, so out of warranty period. They’re teetering on the edge of bankruptcy, too. Luckily, my father taught me A LOT about home construction.
Deadbeats everywhere you turn, huh?
Home is now 3 yrs old, so out of warranty period.
That is just one way to skin that cat. Your location may vary, but for example, in California there is a 10 year statute of limitations for latent defects, 4 years for breach of contract, and others as well. If you have problems with the house, don’t let the builder tell you that there is nothing to be done. The fact that the builder may be teetering on the edge (many are these days) really does not enter into the problem – that is what insurance is for, afterall.
The things that typically motivate construction defect actions are getting wet inside the house (roofs and windows) and having the house moving around (sliding off a hill, differential settling, etc). Most things short of that, you are better off dealing with it yourself.
oh come on.
pay the money and move on with your life. many people get stuck on useless shit, all for the sake of principle. (BTW i’m beginning to believe “principle” is the same thing as “ego”).
so buck up, buttercup. time to pay johnny.
Most things short of that, you are better off dealing with it yourself.
Not only do I enjoy it (b/c a repair is a chance to upgrade), but I know it’s done RIGHT.
Foundation has a 10-yr warranty, assigned to some insurer (paperwork in the filing cabinet).
I had a cracked tile at closing. The guy who fixed it liked having someone to BS with, and it was a slow day- learned how to fix those!
Dude, $140 is one helluva hat…