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[-] Another non-payer - Sandra Morton/KS (23 replies)
1/9/2006 5:18:54 PM (2534 views)
Re: Another non-payer - J.T. Shoemaker/NY
1/9/2006 6:37:29 PM (3277 views)
Re: Another non-payer - Sandra Morton/KS
1/10/2006 12:34:29 AM (3263 views)
Re: Another non-payer - Kevin Ahern/CT
1/10/2006 6:42:13 AM (3213 views)
Re: Another non-payer - J Nisonger/CA
1/11/2006 3:31:21 AM (3149 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 4:47:39 AM (3167 views)
Re: Another non-payer - Smitty Strickland/SC
1/10/2006 5:54:00 PM (3130 views)
Re: Another non-payer - Mark Constable/MA
1/10/2006 8:40:18 PM (3185 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 4:55:58 AM (3249 views)
Re: Another non-payer - Sandra Morton/KS
1/11/2006 12:20:35 PM (3181 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 12:29:29 PM (3152 views)
Re: Another non-payer - Sandra Morton/KS
1/11/2006 12:37:43 PM (3170 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 1:14:49 PM (3108 views)
Re: Another non-payer - Robert Franco/OH
1/11/2006 1:20:01 PM (3101 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 1:28:08 PM (3037 views)
Re: Another non-payer - Robert Franco/OH
1/11/2006 1:56:27 PM (3133 views)
Re: Another non-payer - Robert Breakell/CT
1/11/2006 5:51:03 PM (3053 views)
Re: Another non-payer - Lisa Ramsey/TX
1/12/2006 12:51:30 AM (2861 views)
Re: Another non-payer - Kevin Ahern/CT
1/12/2006 6:14:41 AM (2945 views)
Re: Another non-payer - Lisa Ramsey/TX
1/12/2006 9:24:15 AM (2938 views)
Re: Another non-payer - Ricky Farrow/FL
1/13/2006 9:52:44 PM (3086 views)
Re: Another non-payer - J Nisonger/CA
1/14/2006 12:09:09 AM (2978 views)
Re: Another non-payer - Kevin Ahern/CT
1/14/2006 5:39:03 AM (3027 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 (3008 views)

[+] This is the Week!!! - Jay Duncan/MO (7 replies)
1/9/2006 9:17:43 AM (3429 views)

[+] Important!!! - J Nisonger/CA (26 replies)
1/8/2006 10:43:01 PM (2548 views)

[+] First County Online now paying the price - David Bloys/TX (10 replies)
1/7/2006 12:10:19 PM (3636 views)

[+] Congrats to the winners! - Robert Franco/OH (1 reply)
1/6/2006 2:14:24 PM (2585 views)




[+] National Embarassment, hehe! - Jennifer/PA (3 replies)
1/6/2006 12:20:13 AM (3614 views)

VM Co. verses National Abstractor Co. - Austin Whitaker/NJ
1/5/2006 10:09:44 PM (1976 views)

[+] CONTACT NUMBER - Austin Whitaker/NJ (2 replies)
1/5/2006 6:50:08 PM (2361 views)

Conference Transportation - Ximena Vargas/NY
1/5/2006 5:32:45 PM (1768 views)

Hope all is well with everyone - Tammy Knight/MO
1/5/2006 12:50:18 AM (1825 views)

[+] Who's Coming - Nikky Eisenhuth/FL (5 replies)
1/4/2006 5:24:23 PM (3270 views)

[+] Quickly approaching... - Jay Duncan/MO (5 replies)
1/4/2006 2:05:53 PM (3395 views)

[+] A very, very shameless NON profit plug. Please read. - Jason Sheppard/PA (24 replies)
1/4/2006 12:04:50 PM (3474 views)

[+] E & O - Deborah Manion/VA (5 replies)
1/4/2006 10:46:12 AM (2226 views)

Hotel rooms for NALTEA conference - Tim Lunn/NY
1/3/2006 12:30:05 PM (1779 views)


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