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2006 NALTEA Winter Conference - January 14, 2006 - Jarrod Clabaugh/OH
1/14/2006 3:00:36 PM (1907 views)

Naltea Winter Conference - First Night - Hospitality Suite - NALTEA/MO
1/13/2006 11:51:29 PM (1743 views)

[+] Drawing software from NALTEA Conf. - Spencer Kinsey/AR (3 replies)
1/13/2006 12:29:50 PM (2245 views)

[+] Parking - Nikky/FL (2 replies)
1/13/2006 9:15:05 AM (2266 views)

[+] Courthouse Connection - christine/MA (7 replies)
1/12/2006 1:44:34 PM (2412 views)




[+] Has anyone ever heard of DocuQuest or Big Sky Title?? - Patrick Furman/NY (4 replies)
1/12/2006 11:55:25 AM (2519 views)

[+] Anybody know about ZEN title? - Jim Riggs/IN (3 replies)
1/11/2006 9:48:14 PM (2292 views)

[+] You guys/gals are gonna love this ... - Ellen Malloy/MO (10 replies)
1/11/2006 3:44:27 PM (3651 views)

[+] Tolerance Please - Kevin Ahern/CT (2 replies)
1/11/2006 12:28:03 PM (2422 views)

[-] Another non-payer - Sandra Morton/KS (23 replies)
1/9/2006 5:18:54 PM (2565 views)
Re: Another non-payer - J.T. Shoemaker/NY
1/9/2006 6:37:29 PM (3410 views)
Re: Another non-payer - Sandra Morton/KS
1/10/2006 12:34:29 AM (3397 views)
Re: Another non-payer - Kevin Ahern/CT
1/10/2006 6:42:13 AM (3332 views)
Re: Another non-payer - J Nisonger/CA
1/11/2006 3:31:21 AM (3275 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 4:47:39 AM (3299 views)
Re: Another non-payer - Smitty Strickland/SC
1/10/2006 5:54:00 PM (3254 views)
Re: Another non-payer - Mark Constable/MA
1/10/2006 8:40:18 PM (3310 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 4:55:58 AM (3373 views)
Re: Another non-payer - Sandra Morton/KS
1/11/2006 12:20:35 PM (3309 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 12:29:29 PM (3278 views)
Re: Another non-payer - Sandra Morton/KS
1/11/2006 12:37:43 PM (3302 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 1:14:49 PM (3238 views)
Re: Another non-payer - Robert Franco/OH
1/11/2006 1:20:01 PM (3237 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 1:28:08 PM (3160 views)
Re: Another non-payer - Robert Franco/OH
1/11/2006 1:56:27 PM (3260 views)
Re: Another non-payer - Robert Breakell/CT
1/11/2006 5:51:03 PM (3181 views)
Re: Another non-payer - Lisa Ramsey/TX
1/12/2006 12:51:30 AM (2982 views)
Re: Another non-payer - Kevin Ahern/CT
1/12/2006 6:14:41 AM (3082 views)
Re: Another non-payer - Lisa Ramsey/TX
1/12/2006 9:24:15 AM (3079 views)
Re: Another non-payer - Ricky Farrow/FL
1/13/2006 9:52:44 PM (3206 views)
Re: Another non-payer - J Nisonger/CA
1/14/2006 12:09:09 AM (3109 views)
Re: Another non-payer - Kevin Ahern/CT
1/14/2006 5:39:03 AM (3151 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 (3142 views)

[+] This is the Week!!! - Jay Duncan/MO (7 replies)
1/9/2006 9:17:43 AM (3475 views)

[+] Important!!! - J Nisonger/CA (26 replies)
1/8/2006 10:43:01 PM (2579 views)

[+] First County Online now paying the price - David Bloys/TX (10 replies)
1/7/2006 12:10:19 PM (3675 views)

[+] Congrats to the winners! - Robert Franco/OH (1 reply)
1/6/2006 2:14:24 PM (2606 views)

[+] National Embarassment, hehe! - Jennifer/PA (3 replies)
1/6/2006 12:20:13 AM (3655 views)


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