Unable to close construction loan due to lien

rdietenberger · Joined: 18 Sep 2008 Posts: 1 1.72 Dollars($)

We built a house this past spring and got messed up with a BAD builder, who has now filed a lien against us for over $61,000 for which they will give us no proof as to why we owe it.

You can read the entire story at "http://webpages.charter.net/rdietenberger/default.asp"

They filed this lien 1 week before we were scheduled to close on our end loan. We are in a legal battle to get it relased, but that could take a while. We've already been given 4 extensions on our construction loan, and the bank informed me this week that the next (October) one will be the last.

What options do I have to keep from being put into default because of this lien preventing us from closing our construction loan?

Thanks in advance for any advice!

helping_user · Posted: Fri Sep 19, 2008 12:43 am Post subject:

Welcome Rdietenberger.

I read through your entire story. Looks like the builder has extracted a lot of money leaving you in a mess. I think they have defrauded you because I can't find a valid reason as to why they needed to file a lien. And if this goes on, you can't proceed with the closing.

I think you should talk to a real estate attorney. He'll help you find out if at all the lien is valid. Liens are usually placed after a writ of judgment is issued by the court. You need to check the judgment order as to what reason it has mentioned behind placing a lien on your property. An attorney can help you interpret the judgment order, so that any legal action can be taken if required.

Thanks.

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