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[+] New positions at NALTEA - Robert Franco/OH (1 reply)
1/18/2006 12:31:13 PM (2205 views)

[+] You Don't Get No Respect - Kevin Ahern/CT (2 replies)
1/18/2006 9:20:20 AM (2277 views)

[+] So...what did you think? - Jay Duncan/MO (5 replies)
1/16/2006 11:26:11 PM (2255 views)

[+] Please go to www.besstitle.com for a very important message in upper right side of website! - Jason Sheppard/PA (8 replies)
1/16/2006 3:31:49 PM (2767 views)

[+] Thank you US Title Search - Lisa Ramsey/TX (2 replies)
1/15/2006 11:04:54 AM (2482 views)


Real Title Services


2006 NALTEA Winter Conference - January 14, 2006 - Jarrod Clabaugh/OH
1/14/2006 3:00:36 PM (1741 views)

Naltea Winter Conference - First Night - Hospitality Suite - NALTEA/MO
1/13/2006 11:51:29 PM (1645 views)

[+] Drawing software from NALTEA Conf. - Spencer Kinsey/AR (3 replies)
1/13/2006 12:29:50 PM (2074 views)

[+] Parking - Nikky/FL (2 replies)
1/13/2006 9:15:05 AM (2117 views)

[+] Courthouse Connection - christine/MA (7 replies)
1/12/2006 1:44:34 PM (2274 views)

[+] Has anyone ever heard of DocuQuest or Big Sky Title?? - Patrick Furman/NY (4 replies)
1/12/2006 11:55:25 AM (2368 views)

[+] Anybody know about ZEN title? - Jim Riggs/IN (3 replies)
1/11/2006 9:48:14 PM (2147 views)

[+] You guys/gals are gonna love this ... - Ellen Malloy/MO (10 replies)
1/11/2006 3:44:27 PM (3492 views)

[+] Tolerance Please - Kevin Ahern/CT (2 replies)
1/11/2006 12:28:03 PM (2276 views)

[-] Another non-payer - Sandra Morton/KS (23 replies)
1/9/2006 5:18:54 PM (2413 views)
Re: Another non-payer - J.T. Shoemaker/NY
1/9/2006 6:37:29 PM (2925 views)
Re: Another non-payer - Sandra Morton/KS
1/10/2006 12:34:29 AM (2912 views)
Re: Another non-payer - Kevin Ahern/CT
1/10/2006 6:42:13 AM (2917 views)
Re: Another non-payer - J Nisonger/CA
1/11/2006 3:31:21 AM (2813 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 4:47:39 AM (2833 views)
Re: Another non-payer - Smitty Strickland/SC
1/10/2006 5:54:00 PM (2838 views)
Re: Another non-payer - Mark Constable/MA
1/10/2006 8:40:18 PM (2838 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 4:55:58 AM (2890 views)
Re: Another non-payer - Sandra Morton/KS
1/11/2006 12:20:35 PM (2857 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 12:29:29 PM (2852 views)
Re: Another non-payer - Sandra Morton/KS
1/11/2006 12:37:43 PM (2823 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 1:14:49 PM (2798 views)
Re: Another non-payer - Robert Franco/OH
1/11/2006 1:20:01 PM (2763 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 1:28:08 PM (2706 views)
Re: Another non-payer - Robert Franco/OH
1/11/2006 1:56:27 PM (2810 views)
Re: Another non-payer - Robert Breakell/CT
1/11/2006 5:51:03 PM (2760 views)
Re: Another non-payer - Lisa Ramsey/TX
1/12/2006 12:51:30 AM (2579 views)
Re: Another non-payer - Kevin Ahern/CT
1/12/2006 6:14:41 AM (2652 views)
Re: Another non-payer - Lisa Ramsey/TX
1/12/2006 9:24:15 AM (2633 views)
Re: Another non-payer - Ricky Farrow/FL
1/13/2006 9:52:44 PM (2768 views)
Re: Another non-payer - J Nisonger/CA
1/14/2006 12:09:09 AM (2689 views)
Re: Another non-payer - Kevin Ahern/CT
1/14/2006 5:39:03 AM (2684 views)

You may be flirting with danger unless the laws of your state are significantly different than Connecticut's. I doubt that they are.

You are talking about a mechanic's lien if I am not mistaken. That issue has been discussed on this forum before. In most states a mechanic's lien is permitted for individuals that provide materials or labor in the improvement or demolition of property. The right to the lien generally stems from an a contractor's agreement with the property owner or his agent.

By way of comparison architects are in an unusual position with respect to mechanic's liens in Connecticut. They can record a mechanic's lien only if their plans are actually used in the construction. Consequently, they generally opt for a pretrial attachment/garnishment instead. If your state permits this, it is a safer path to follow provided the proper procedures are followed. It also opens a wider range of assets that can be used to satisfy the judgment. However, remember that your claim is against the party that ordered the abstract from you. That almost certainly is not the property owner unless there is some extended agency relationship in which he or his agent approves of your being hired. That is your burden of proof...not the property owner's.

Your agreement to provide abstracting services is neither material nor is it the outgrowth of an agreement with the property owner nor his agent. You are several steps removed from any contractual relationship with the property owner.

In most cases the abstract is ordered from you in connection with a refi or sale of property. The property owner has applied for a mortgage from the lender. The abstract is ordered from you by a title company. The title company is contracted by the lender.  The property owner has absolutely no idea of either your identity or the title company's.

Most states have expedited procedures for the removal of invalid liens from property which often include costs and expenses of litigation, including attorney's fees. You could be caught for several thousand dollars if the property owner successfully sues you to remove the invalid lien. Worse than that you could be sued for many thousands of dollar if the property owner elects to sue you for slander of title. There are safer ways for you to collect your money.

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Re: Another non-payer - J Nisonger/CA
1/15/2006 3:33:24 PM (2710 views)


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