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    christienbryan's Avatar
    christienbryan Posts: 1, Reputation: 1
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    #1

    Feb 25, 2007, 07:57 PM
    Quiet Titles, Mechanic's liens, bad contractor.
    Background info - We built our house in the summer/fall of 2005. We moved in on November 4th of that year. Our builder, who we now know to be a con artist, went over by $40,000 but we only had a verbal contract with him and it was a cost-plus loan. His father in law was the lender for the mortgage company that we used and was just as crooked. We ended up closing out on our house in December of 2005 giving AMPLE time for all bills to come in.
    We got a letter in the mail on February 18th of 2006 saying that he had put $10,000 of liens on our property. We had definitely paid some of them and I believe some of them to be forged. No one ever did any work on our home once we moved in, so Feb 16th (the date of the liens) is past the 90 days limit anyhow.
    Now to my question... We want to refinance but we have liens looming over us. We were told about Quiet Titles but do not understand how they work or how to get one? Do we have to have a lawyer or is it something that we can file or petition here in the state of Georgia? Thank you in advanced.
    christienbryan
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 25, 2007, 09:21 PM
    Quiet title is not a thing, it is a court action in which you sue to clear the title. A court hearing would be held for you to prove the lien is not valid and the court will issue a order stating you have a clear title, thus the lien is not valid.

    You need ( or well should have) an attorney to do this.

    Of course you needed the attorney back when you started building, to give you a written contract.

    The trouble with builders liens also if he did not pay the people where he bought the material for the house, they may have a valid lien if you did not get releases for the material at the time you were building the house also.

    So you need to take all the written material you have to an attorney ASAP.

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