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Your making a mountain out of a mole hill. Just pay off the $500 lien and get a release. Done. If you don't, this could go on for a year or more and cost thousands.
As I stated in my original post, I will consider that if they refuse to remove the lien after a threatening letter. From a cost/benefit standpoint, it's probably cheaper just to pay off their stupid extortion money. But I will be filing a complaint with the AG for damn sure.
As I stated in my original post, I will consider that if they refuse to remove the lien after a threatening letter. From a cost/benefit standpoint, it's probably cheaper just to pay off their stupid extortion money. But I will be filing a complaint with the AG for damn sure.
Its not cheaper. If your attorney wont take this contingency 100% then find one that will. He is guaranteed his fees if he wins, and if the facts are as you have stated he is guaranteed to win.
The ONLY reasons an attorney would not take this contingency is if the facts are not as you have stated or if the subcontractor is too small to matter. In that case they may just fold up their operation and not be able to pay the attorney.
Its not cheaper. If your attorney wont take this contingency 100% then find one that will. He is guaranteed his fees if he wins, and if the facts are as you have stated he is guaranteed to win.
The ONLY reasons an attorney would not take this contingency is if the facts are not as you have stated or if the subcontractor is too small to matter. In that case they may just fold up their operation and not be able to pay the attorney.
Otherwise, this is open/shut slam dunk.
So far I haven't spoken to an attorney yet who specializes in real estate who has been willing to take the case on contingency. None have mentioned DTPA.
The facts of the case are precisely as I have stated. I have no reason to lie; I'm not a deadbeat.
You make it sound so simple, but bear in mind I'm not a lawyer or an expert in real estate. I really do NOT know very much about this and need a bit more hand-holding than someone saying airily "Oh, it's a CLEAR DTPA violation, find a lawyer who will work for free," blah blah. I'm not stupid, I'm just ignorant about this. So....a bit more spoon-feeding would be appreciated.
I've sold a couple of properties where the builder disappeared in the middle and the subs wanted payment so they filed mechanics liens. The title company told me that they expire after 6 months if no additional action is taken, so the title company gave clear title to the new owners because they deemed the mechanics liens invalid.
It's going to be up to the title company you work with, so talk with the title company you closed with, or get a referral of a lender you're going to refi with to see who they use, and have the title company look at the situation. You might not even need to spend the $150 for the lawyer letter if the title company is willing to invalidate it.
I've sold a couple of properties where the builder disappeared in the middle and the subs wanted payment so they filed mechanics liens. The title company told me that they expire after 6 months if no additional action is taken, so the title company gave clear title to the new owners because they deemed the mechanics liens invalid.
It's going to be up to the title company you work with, so talk with the title company you closed with, or get a referral of a lender you're going to refi with to see who they use, and have the title company look at the situation. You might not even need to spend the $150 for the lawyer letter if the title company is willing to invalidate it.
That doesn't remove the lien though, right? I thought the only way you could get rid of it was to get a judge to throw it out or to get the lien holder to release it.
Some title companies might be willing to ignore it, but it would take a lot of legwork/research to find one willing to do that; I hear they're extremely conservative about that.
So far I haven't spoken to an attorney yet who specializes in real estate who has been willing to take the case on contingency. None have mentioned DTPA.
The facts of the case are precisely as I have stated. I have no reason to lie; I'm not a deadbeat.
You make it sound so simple, but bear in mind I'm not a lawyer or an expert in real estate. I really do NOT know very much about this and need a bit more hand-holding than someone saying airily "Oh, it's a CLEAR DTPA violation, find a lawyer who will work for free," blah blah. I'm not stupid, I'm just ignorant about this. So....a bit more spoon-feeding would be appreciated.
Thanks.
I wasn't stating you were lying, or accusing you of being a deadbeat. You paid your contractor - you clearly are not a deadbeat -
I was stating that sometimes the facts and the facts as you believe them to be may not line up. Sometimes you don't ever get the notice or you toss it out b/c it looks like a solicitation. There are lots of ways that the facts might not be what you think they are. Attorneys can be leery when they are not provided with all of the file stamped paperwork up front to back up the facts in a consultation b/c many clients paint a much rosier picture than what the real pictures is. I am not accusing you of that. Just telling you what the majority of attorneys are afraid of.
That said the other fear is that an attorney will win a judgment on a DTPA case and not be able to collect it from the sub b/c he has no assets or is too small. Sometimes collection costs can exceed the win and so to get an attorney on a contingency basis to take your case you need to find one who does this all day. This wont be a big time attorney. This will be a small guy, maybe a solo practice, 2-10 years out of school. Its grunt work, but its grunt work that pays...a slam dunk case will get your attorney paid.
The attorney's #1 question is going to be the credit of the lien holder, followed by the facts.
Someone like this...Im not saying use these folks - rather just someone like it. I did a google search of DTPA Dallas attorney
I've sold a couple of properties where the builder disappeared in the middle and the subs wanted payment so they filed mechanics liens. The title company told me that they expire after 6 months if no additional action is taken, so the title company gave clear title to the new owners because they deemed the mechanics liens invalid.
It's going to be up to the title company you work with, so talk with the title company you closed with, or get a referral of a lender you're going to refi with to see who they use, and have the title company look at the situation. You might not even need to spend the $150 for the lawyer letter if the title company is willing to invalidate it.
That doesn't remove the lien though, right? I thought the only way you could get rid of it was to get a judge to throw it out or to get the lien holder to release it.
Some title companies might be willing to ignore it, but it would take a lot of legwork/research to find one willing to do that; I hear they're extremely conservative about that.
Yes, it removes it because they're giving CLEAR title. If the subs came back, the title company would have to deal with them. That's why you get title insurance. If it's deemed invalidated because the 6 months lapsed and they didn't do anything additional, you have coverage on the title and that's what the title company's attorneys are for.
Too much conflicting and confusing info; I have a lawyer telling me one thing and other people here telling me other things.
I'm more confused now than ever about what to do.
It is because there are options, nothing in the legal realm has only one outcome. There are legal routes you can take (your attorney chose the least costly and 5/10 times the most cost effective), there are routes like the title company above that accomplish what you want but leave the lien filed, there are probably still others that exist I dont even know about.
If your attorney threatens them with a letter and the lien holder complies the attorney gets paid $150 and you get what you want...If he has to file suit there are additional costs. Your attorney may not be willing to work on contingency but there are plenty of starving attorneys who will.
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