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Notice of Intent to Lien due to non-payment by Builder
My apologies, but I wasn't sure which category this would fall under.
My neighbors and I recently received Notices of Intent to Lien our properties which will go into effect before it's resolved. -Our builder did not pay their landscaping subcontractor (one of many subs). -The builder has a history of not paying. -We are in WA state. -The builder barely has any money. Concerns: -That this lien will affect my and my neighbors credit reports and is irrreversible. -That we will be held responsible. -The timeline. -What actions should we expect from an attorney and the builder. -Should I be contacting anyone else aside from the subcontractor, builder, and HOA president.. the Title Company? -What else should we be considering? I, and my neighbors would greatly appreciate any info/advise. Thanks |
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If your builder has any assets you can sue him for the value of the combined lien... do it as a group. First tell him you need him to pay his contractors. Then present him with a group suit to find his assets and attach them. You will need a lawyer to do this. If you determine he has no business assets, you can go after his house and cars if he is a sole proprietor or general partner. If he has a limited liability company of any kind, you will have more difficulty, but there are probably still assets in the company but you won't be able to go after his personal assets.
So check with the secretary of state wherever you are to determine what kind of business structure he has used when he registered in that state. Then get your neighbors together, visit with a GOOD lawyer and find out if it is worth it to sue. Also, determine what the value of your landscaping was as opposed to what his lien is. If it looks overblown, you might be able to tone him down by negotiating with the lien holder if you choose not to sue the builder. It is worth your time. These things can prevent a sale... they also may include interest over time, so time is of the essence. You might want to report your builder to the state as being a deadbeat builder who allowed your properties to be put at risk after you paid for the house. They might lift his license. Good luck. |
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