My parents hired a contractor who in turn hired a roofer to put a roof on their house (torn apart by Hurricane Charley). My parents paid the contractor for the roof (as well as other for other repairs), but the contractor never paid the roofer. Now the roofer has put a lien on their house, even though everything I have read says the roofer cannot do this unless they have a document signed by the homeowner stating that they will be responsible for the payment in the event the contractor did not pay. My parents never signed such a document and they even had a lawyer look into this. The lawyer told them that he would have it removed, but after almost a year, the lien remains. Now what do they do? Thank you for any assistance or information you can provide.

What does the lawyer say about the delay? What does the contractor say about why the roofer was never paid? You might consider suing the contractor and using the proceeds to pay off the roofer.

The presence of the lien is only an issue if they want to sell.

Hello cam:

Couple things. The roofer CAN put a mechanics lien on the house if he wasn't paid. Yeah, I agree that he shouldn't be able to, but I think he can.

When you say "look into it", does that mean your parents HIRED him? If the attorney IS an employee of your parents, and he told them X, your parents should treat the attorney just like any employee who doesn't do his job. They should call him up, and ask him.

Now, I'm sure your parents did that. I think they should do it again, and even again, and EVEN again, if they didn't get results the first time. If they need to get heavier with the lawyer, let me know, and I'll tell them what to do next.

I hate it when lawyers rip off people.

excon

PS> The lien can't be collected upon until, and if your parents sell the house. So, if that's not happening, there's no emergency.

At least were we are at, a sub contractor can put a lien on the property unless there is paper worked signed that says they can't. Not paperwork being signed that says they can.

So here that lien would be very valid.

Next they have several issues, they need to file a law suit in court to get a clear title, lien lifted to quiet title on this issue.

Next they need to file a law suit against the contractor for all the damages ( money loss)

They are in the state of Florida. From what I understand, they have some very strange laws concerning real estate. They have called and written the lawyer on numerous occasions. Each time, he says he will send them the paperwork he has on all of this, but he never does. They have also spoken to 2 other lawyers, all of whom say they are better off forgetting about it, since the contractor supposedly went bankrupt, even though there are no bankruptcy papers on record. This contractor did only $50,000 worth of work, even though my parents have given them close to $90,000 from the insurance money. This (and the lien) is the reason they went to a lawyer in the first place. They are now selling their home, as is (they have a potential buyer), which is why I posted the question. We have even written to the state department of building and professional something or other. That was 4 months ago and still no answer (we know they received it since it was certified). My mother has sent 2 other copies of that letter, and still no answer.

Quote:

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Originally Posted by excon

If they need to get heavier with the lawyer, let me know, and I'll tell them what to do next.

I hate it when lawyers rip off people.

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Hello again, cam:

Ok! Let's get heavy. Have your parents write a letter to the attorney. Send it certified, return receipt requested. Tell him, in no uncertain terms, that he has 48 hours to deliver the documents he promised. Second, he was hired to do MORE than just collect documents. He was hired to remove the lien.

Tell him further, that if he does not comply with your demands, you will, sue him for malpractice and file a complaint with the local bar association. Sign it unceremoniously.

IF your parents don't have the gumption to do this, then have them just make out another check to the roofer.

excon

Your parents are being wimpy here. I would have given the atty 2 maybe 3 chances. Then I would have gotten tough. I'm assuming they paid him a retainer. Therefore he has to earn what was paid.

I wouldn't even send a letter. I would show up at his office and camp in his reception room talking about how bad a job he has done.