Thursday, February 16, 2017

ask a lawyer

ask a lawyer

the homeowner has the ability to bond overthe lien claim. what that means is the homeowner can post a bond against the lien, which protectstitle to the property. absent a bond, the homeowner would not be able to sell his orher property or refinance the property without paying the lien claim. if the lien claim isdisputed, the homeowner bond over that lien claim and then be able to sell the propertyor refinance. the second thing a homeowner can do is serve what’s known as a section34 notice. a section 34 notice is basically a demand on the lien claimant the contractoror subcontractor to file suit within 30 days. if the lien claimant does not do so, the lienbecomes void, and that defeats the lien. the third thing an owner can do, is litigate the issue. and a lien claim remains on title to

a property, once this properly perfected fortwo years from the last day of work. so the homeowner can waited it out if they’re not selling or refinancing their property they can wait it out and see if the lien claimantactually files suit. once again they could serve the section 34 notice and force theissue within 30 days and lien claimant may file suit in which case you’re litigatingit. but in general i believe it’s important for the owner to get advice of an attorney.

0 comments:

Post a Comment

 
Copyright Lawyer Refferal Service All Rights Reserved
ProSense theme created by Dosh Dosh and The Wrong Advices.
Blogerized by Alat Recording Studio Rekaman.