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Can a Broker put a mechanic's Lien on our primary home property?

This is a discussion on Can a Broker put a mechanic's Lien on our primary home property? within the Construction & Renovation forum, part of the REAL ESTATE & PROPERTY LAW category; Can an individual broker who is a general manager of the company put a mechanic\'s lien on our primary property ...

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Old Jul 22nd, 2008, 10:27 PM   #1
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Default Can a Broker put a mechanic's Lien on our primary home property?

Can an individual broker who is a general manager of the company put a mechanic\'s lien on our primary property because we did not pursue with his construction loan? I was surprised he was able to do so thru County Recorder office in Los Angeles, he claimed that he was our project manager of our property thus was able to get the mechanic\'s lien on us. until now since March 3, 2008, we did not recieve any court summons from him, I know that he has until 90 days to file a case against us, and if he does not do it, I was told that I can demand for the release of the mechanic\'s lien on our property. but the question is: can he re-apply for another mechanic\'s lien on our property again after I had demanded to have the lien release after the 90 days period? He puts the mechanic\'s lien on our property because he wants me to pay him for his time in securing a construction loan which did not happen because his loan applications interest rate APR is 24% and he did not stand behind his word when he told me before it started that he will get me a construction loan then immediately convert it to permanent loan once the construction is finish in order to avoid double charges, later on, he said that I have to go to escrow twice; one for the construction loan and another for the permanent loan in which he charges 1% on each escrow transaction of the total loan amount. He wanted me to pay him $7,000+ for his 62 hours of work at $150/hour rate or else he will not release the mechanics lien on our property which put us in hardship and unable us to sale or refinance the house till now. We are force to rent another place to stay since we did not live on that property for the house was 1932 yrs old and not enough space for my big family. Another questions that keeps bothering me is that: If I decide to get a real estate lawyer and sue him in court because he is doing unlawful acts by doing debt collections, and if the court case is favorable to me and I happen to win the case, and I in return sue him for damages for all the expenses the at I\'ve incurred for this situations, then if he does not want to pay and instead file for bankrupcy, will I be able to attached his personal property or the company that he works for (as the general manager) and get my money back? what are my recourse of actions? What if his company have insurance against litigation and that litigations company will represent him against our case? will this case be drag on and on until I will run out of money paying for my lawyer and we are still fighting this case..I don\'t have much money to spend because I\'m the bread winner of my big family. I would have to borrow money from my credit cards just to be able to pay my lawyer for his $250.00/per hour fee, not to mention the other misc. charges that will be charge to me. Can you please help me by answering all my questions above and instruct me what to do. think of it like -what if you were on my situations now, what will you do in order to resolve this issue ASAP? I thank you for reading my long letter and I hope to hear from you very soon. I\'m having sleepness nights and I can barely think staright because of this scenario.
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Old Dec 29th, 2008, 11:03 AM   #2
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Default Re: Can a Broker put a mechanic's Lien on our primary home property?

I just stumbled upon you posting. What has happened?
I own a mortgage company, and I believe it is a RESPA violation to coherse someone into using you. It is on one of the disclosures.

My name is Brian Dayton you can call me at 717-359-9505 x111 I would just like to know what happened. That is the kind of thing that give the whole industry a bad name.

I might be able to help you out with who to contact to complain on this clown. Which matters in our industy.
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Old Dec 30th, 2008, 12:24 AM   #3
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Default Re: Can a Broker put a mechanic's Lien on our primary home property?

You can file a complaint against his license and frankly based on what you say here you probably should do so.

Or even sue in small claims or other court.
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