Con artist put lien on my home! - Posted by momgns1

Posted by Carl (FL) on July 29, 2003 at 22:20:12:

Brevard is one of the fastest growing areas in the nation. Check out this CNN article:
http://money.cnn.com/pf/features/lists/tophousing/

We are #3 in growth but look at the average price! We got a long way to go. Since there is so much new construction boom it is hard to get decent handy help. Most subs won’t even call you back.

I buy and live in Brevard:


Brevard REI club:
http://www.breia.org

Carl

Con artist put lien on my home! - Posted by momgns1

Posted by momgns1 on July 29, 2003 at 10:06:30:

I hired a recommended handyman to do work on a rehab job.
We decided to do the work paid by the hour. The first day the work was done. After that everything went down hill fast. His guys wouldn’t show up for days, days that they were there no work was being done. I would check on the property 3 or 4 times a day. Then he tried to charge me for people that were’nt even there. He would start making up names. Well before things got really bad, I had him sign a contract that he would get a set amount of money instead of being paid hourly for labor.He signed the contract and agreed to be paid half of the job now and the other half upon completion. I gave him a check for half of the agreed amount. He was really mad after he signed the contract, ( I guess he was mad at himself for signing it) he then demanded all the money for the job that day even though he wasn’t even a quarter way finished with the job. He was already paid for half the job that he didn’t even do! There was no way in **** I was going to pay this guy for the whole job that wasn’t done.I have it documented with pictures. This guy then has the nerve to go put a lien on my property. I was planning to sell this house immediately after it was rehabbed. I can’t sell it with a lien on it. I did contest the lien. If he doesn’t sue me in 60 days the lien will drop off.

I had to go hire new handymen, who did a beautiful job, completed it in 2 weeks time. I took pictures of the work that was done by the new handymen. My new guys said they would defintely go to court with me to testify against this loser.
Is there anything I can do to get this lien removed faster without paying this loser? I have borrowed the money to buy this house and I need to sell it fast to pay back the lender. Help?

Re: Con artist put lien on my home! - Posted by Todd-ID

Posted by Todd-ID on July 30, 2003 at 24:08:58:

Get an attorney involved immediately and sue him for slander of title for a lot more than his little mechanics lien. He will probably back right off.

Good Luck!

Todd-ID

Re: Con artist put lien on my home! - Posted by Rich San Diego

Posted by Rich San Diego on July 29, 2003 at 13:47:43:

Out here in California a handyman is only allowed to do so much work. I am not sure, but I believe they cant do over a certain dollar amount. Every once in a while they will find a house that needs work and the local police department will rent it, then they call people who advertise as painters, roofers, ect. when they show up they get an estimate or bid for the work, they are asked if they have a contractors license, when they say no, they are arrested. Check your local laws, that could be the easiest way to get rid of this guy.
Good luck - Rich

Re: Con artist put lien on my home! - Posted by Kristine-CA

Posted by Kristine-CA on July 29, 2003 at 12:37:08:

So, how much do you think this guy would take to release the lien? How much is the immediate release worth to you? If it were me, I’d try not to get too wrapped up in the principal of the thing and try to solve the issue the best and cheapest way.

Of course, if you have a total breakdown in communications, it may be difficult to make a deal with him. But have you thought about giving him $500.00 or $1000.00 to release the lien and just move on? It doesn’t sound like he has any case, given the contract and photos and witnesses.

Even if he does agree to release the lien you will want to check with an attorney for the correct procedure/paperwork to ensure that the release is done correctly.

I’m wondering how it is that you kept working with someone that was lying to you and gave them 1/2 the money upfront? And if he was recommended, what does that referral have to say now?

Let us know how it turns out. Sincerely, Kristine

Re: Con artist put lien on my home! - Posted by Lyal

Posted by Lyal on July 29, 2003 at 10:14:22:

You need a local real estate lawyer NOW!! In my state anyway there are pretty strict guidelines on how and when a mechanic’s lien may be recorded. You need an experienced real estate attorney to sort this out.

Had a similar case myself (that I’m still dealing with BTW). I sold the house and escrowed the amount needed to satisfy the lien at closing so I could get title insurance. Major pain but it was a good offer and beat sitting with the home all this time.
All the best, Lyal

Re: Con artist put lien on my home! - Posted by ktone

Posted by ktone on July 29, 2003 at 18:02:29:

I’m sorry ,this is’t about con artists.Can you tell me what you did before you got started wholesaling?What books or courses did you go through?I was thinking of buying the chuck smith or the steven cook course.I will appreciate you feedback.

Re: Con artist put lien on my home! - Posted by momgns1

Posted by momgns1 on July 29, 2003 at 10:24:28:

I’m in the state of Florida. You can put a lien on a property easy. There are no strict guidelines here. You do not have to show any proof. You can say someone owes you $1000.00 or $100,000.00 That’s Florida for you. It’s up the property owner to dispute it. All you have to do is file a lien it at the courthouse.

Re: Con artist put lien on my home! - Posted by Kristine-CA

Posted by Kristine-CA on July 29, 2003 at 19:28:11:

I read a lot on this site and read a few books on flipping. And then I made offers–on everything I could. I bought Steve Cook’s course after my first deal. I found it helpful, but his marketing strategy is not useful in my area. Also, Lonnie Scruggs courses sold on this site are very inexpensive and useful. They get you thinking about buying low and selling high. And thinking creatively.

Sincerely, Kristine

Re: Con artist put lien on my home! - Posted by ann (FL)

Posted by ann (FL) on July 29, 2003 at 10:45:52:

YOu wouldn’t happen to be in Brevard county would you?
I thought this was the only place in Florida that did this king of weird stuff!

Re: Con artist put lien on my home! - Posted by momgns1

Posted by momgns1 on July 29, 2003 at 10:48:29:

Sorry no. I’m in Orange county. I assumming something similar has happened to you? Fill me when you can.

Re: Con artist put lien on my home! - Posted by Tom-FL

Posted by Tom-FL on July 29, 2003 at 20:15:02:

You may be in luck


“5. If the contractor is not properly licensed in the jurisdiction where the property is located, the contractor loses his/her lien rights and the right to enforce his/her contract.”

http://www.fhba.com/homebuilder/marchapril02/contractorquickguide.htm


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Re: Con artist put lien on my home! - Posted by ann

Posted by ann on July 29, 2003 at 13:11:11:

No, nothing like that has happened, not to me anyway, it’s just Brevard County seems to attract the worst element as far as contractors!!

Re: Con artist put lien on my home! - Posted by Joe(FL)

Posted by Joe(FL) on July 29, 2003 at 10:53:22:

I am in Orange too. Care to name them, so others don’t fall into their trap?

Re: Con artist put lien on my home! - Posted by Sal

Posted by Sal on July 29, 2003 at 21:32:00:

Ann,

I am moving to West Melbourne next month.
Can you please fill me in on this issue so I may be better informed and prepared?

Thanks

Sal

Re: Con artist put lien on my home! - Posted by momgns1

Posted by momgns1 on July 29, 2003 at 10:58:04:

Sure, his name Chad Howard and he is from St. Cloud.

Re: Con artist put lien on my home! - Posted by ann

Posted by ann on July 30, 2003 at 09:58:11:

Carl said it best.

ann