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07-15-2009, 02:24 PM
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Junior Member
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Join Date: Jul 2009
6 posts, read 3,516 times
Reputation: 10
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Removing a construction lien from your public record
We took a shutter comapny to install our home shutters and they took a downpayment and ask us to apply for financing the balance, the sales person called me and stated that everything was ok and they were going to install the shutters, we agreed to install the shutters. after the shutters was installed the sales person stated that the credit was not approved and the credit company is diapproving all their customers--that to wait they will be getting a new company in a few weeks. after a few weeks we applied and was denied credit. we ask the COMPANYif we can pay on a monthly basis and the sales person said is 12 months no interest and we agreed. Then he called a few days later and said the president of the company wants all the money. we explained that we requested money from our 401k and he said ok. when i check my PUBLIC RECORD IN FLORIDA A CONSTRUCTION LIEN WITH A WARNING WAS PLACED IN OUR PUBLIC RECORD.
i WILL LIKE TO KNOW IF WE CAN EXPUNEGEMENT THIS LIEN.
WE DONT WANT LEIN PLACED AND RE-LEASE OF LIEN ON OUR PUBLIC RECORD
THANK YOU
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07-15-2009, 02:51 PM
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Moderator
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Join Date: Feb 2008
1,789 posts, read 813,849 times
Reputation: 350
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Quote:
Originally Posted by CONTRUCTION07
We took a shutter comapny to install our home shutters and they took a downpayment and ask us to apply for financing the balance, the sales person called me and stated that everything was ok and they were going to install the shutters, we agreed to install the shutters. after the shutters was installed the sales person stated that the credit was not approved and the credit company is diapproving all their customers--that to wait they will be getting a new company in a few weeks. after a few weeks we applied and was denied credit. we ask the COMPANYif we can pay on a monthly basis and the sales person said is 12 months no interest and we agreed. Then he called a few days later and said the president of the company wants all the money. we explained that we requested money from our 401k and he said ok. when i check my PUBLIC RECORD IN FLORIDA A CONSTRUCTION LIEN WITH A WARNING WAS PLACED IN OUR PUBLIC RECORD.
i WILL LIKE TO KNOW IF WE CAN EXPUNEGEMENT THIS LIEN.
WE DONT WANT LEIN PLACED AND RE-LEASE OF LIEN ON OUR PUBLIC RECORD
THANK YOU
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It sounds like the shutter company is trying to protect themselves until they receive full payment. A lien only means that if you sell the house, their bill will get paid with the sale proceeds. It won't even effect your credit. Just pay off the bill as you planned and make sure they agree to lift the lien once they have received the full payment. They should have no problem with that.
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07-16-2009, 07:58 AM
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Member
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Join Date: Apr 2009
Location: South Florida
40 posts, read 17,250 times
Reputation: 15
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At the time you make payment in full, you NEED to obtain a Release of Lien from them and have it recorded in the public records. If you don't get the Release at the time of payment, you will be chasing them for years to get a Release, and then you will have a big problem when it comes time to sell your house and you have a title problem.
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07-17-2009, 10:02 AM
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Junior Member
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Join Date: Jul 2009
6 posts, read 3,516 times
Reputation: 10
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I will like to how can a company put a lien without notifying the owner-before placing the lien.
can you get the lien expunge without getting a release of lien. Because that will be 2 items showing up in your public record an it was stated that was not good.
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07-17-2009, 10:04 AM
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Junior Member
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Join Date: Jul 2009
6 posts, read 3,516 times
Reputation: 10
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Under §713.22, an owner may shorten the normal one-year statute of limitations for filing an action on a construction lien by recording a notice of contest of lien with the clerk of court in the county where the lien is recorded. ( what is a notice of contestof lien)
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07-17-2009, 11:05 AM
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Moderator
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Join Date: Feb 2008
1,789 posts, read 813,849 times
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I think you would need to speak to a lawyer to get that answer.
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Posting is a spectator sport.
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07-17-2009, 01:13 PM
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Member
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Join Date: Apr 2009
Location: South Florida
40 posts, read 17,250 times
Reputation: 15
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They notified you to pay, and tried to get you financing - thats all the notification they need. It seems like you have no intention of paying and want to jump at having it expunged. A Claim of Lien is not a problem until you go and sell the property - this is why you should pay them and obtain a Release of Lien.
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07-17-2009, 01:29 PM
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Junior Member
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Join Date: Jul 2009
6 posts, read 3,516 times
Reputation: 10
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Lien
we send payment to them but they refused requesting the whole amount --and that was not discuss during our meeting. The sales person who took the initial down payment and offer the monthly payments-stated that his boos change his mind and wanted all the money. The balance was pain a day ago.
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07-17-2009, 01:45 PM
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Member
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Join Date: Apr 2009
Location: South Florida
40 posts, read 17,250 times
Reputation: 15
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Quote:
Originally Posted by CONTRUCTION07
we send payment to them but they refused requesting the whole amount --and that was not discuss during our meeting. The sales person who took the initial down payment and offer the monthly payments-stated that his boos change his mind and wanted all the money. The balance was pain a day ago.
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If they are changing a written contract on you, you should seek the help an attorney. However, you just said the balance was paid a day ago - they should give you a Release of Lien with no problem now. You should then bring the original with you to the Governmental Center for recording in the public records - your chain of title would then be clean with regards to this lien.
Broward County Records Division
Recording Section
115 S. Andrews Avenue, Room 114
Ft. Lauderdale, FL 33301 |
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07-19-2009, 10:35 PM
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Member
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Join Date: May 2007
59 posts, read 54,207 times
Reputation: 22
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don't you have a contract with this company that shows the method of payment? If you don't then it's just your word against the sales person.
I hope you got something in writting.
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