Incorrect Lien

Yesterday I received a certified letter in the mail from an attorney stating that I had a lien placed on my home. The reason for the lien was for non-payment of construction materials to a "materialman". The vendor was a concrete company and the name that was on file as signing for materials was in fact a subcontractor.

Big Problem---- the subcontractor was working on the new construction next door to my house! Apparently this sub put down the wrong lot # on the paperwork with the concrete company and did not pay COD as agreed upon. The concrete company, claiming they could not contact this sub researched the owner of record for the lot# and placed the lien on my home. No letter to check the facts. No phone call to verify the situation. No contact at all until a lien notification-and an incorrect one at that.

Besides obviously contacting the attorney and alerting him to the mistake, what are my options? Luckily I know who the sub is and have contact info for him so that may help. I have done some research online and found that my credit can be adversely affected by this lien even if it's removed. God forbid I have issues selling my home now because this concrete company didn't do their homework. Do I have a suit possibility? Who is liable here? Is it the builder of the home next door? The sub working next door that gave up the bad info? Is it the Concrete vendor that didn't perform due diligence? Or the attorney who actually filed the lien?

I'm very angry but want to focus my attention in the right direction. Help!

I'd suggest you return your own certified letter to the attorney, along with copies of the facts you mention above. Put the sub in contact with the attorney; provide his contact information as well. As far as your credit being affected, that will happen only if the lien appears, is in fact not yours, and isn't removed within a reasonable period of time. Personally, I don't see grounds for litigation here for simple credit information/property lien entered incorrectly; from what you've posted, this appears a simple mistake and not a deliberate action. Have you talked to the attorney yet? Have you checked your credit to see if it's even been entered yet? Have you contacted your local courthouse to see whether or not the lien has been filed against your property? Does the sub have documents that indicate the correct street address or even legal description (not simply the lot #)? Again, that should be forwarded to the attorney as soon as possible with a request to cease further action, if in fact this lien doesn't belong to you.

You've already said it yourself: contact the attorney ASAP with all pertinent information. I'd also suggest the follow-up already mentioned above to make certain your records are cleared immediately. The major credit reporting agencies are required by law to remove any adverse information; unfortunately it's up to you to make certain they do (if, in fact, the lien has already been reported.) You also might consider the cost of a title search as well.

Sorry, this isn't as uncommon as you might think. It's a given that if any party refuses to at least further investigate your claims (and provide documentation supporting their claim,) you seek legal counsel to intercede at that point. Good luck.