Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] New member of Phoenix Document Service! - Kurt deVries/FL (10 replies)
10/17/2005 4:50:18 PM (3675 views)

[+] LENDERS SERVICES DIRECT TULSA, OK - Becky Kale/IL (4 replies)
10/17/2005 2:22:31 PM (3654 views)

[+] Okay, another question. - Tammy Knight/MO (4 replies)
10/16/2005 10:18:06 PM (3464 views)

[+] Fed up! - Spencer Kinsey/AR (5 replies)
10/15/2005 12:36:11 PM (3546 views)

[+] indexing - Douglas Gallant/OH (6 replies)
10/15/2005 12:31:46 PM (3310 views)




Questions about VMC's - Donna Grady/NC
10/14/2005 10:32:19 PM (2739 views)

[+] Anyone heard of this company.... - Loretta Reed/MD (1 reply)
10/14/2005 1:16:42 PM (3498 views)

[+] A word about prices... - Robert Franco/OH (5 replies)
10/13/2005 5:40:44 PM (3868 views)

[+] Here's my rant - Loretta Reed/MD (7 replies)
10/13/2005 11:05:00 AM (3245 views)

[+] Refaxing - Danielle Nelson/WI (8 replies)
10/12/2005 2:14:31 PM (3252 views)

[-] Rant! - Tammy Knight/MO (16 replies)
10/12/2005 12:49:24 AM (3160 views)
Re: Rant! - Kurt deVries/FL
10/12/2005 2:02:22 PM (5402 views)
Re: Rant! - Robert Franco/OH
10/12/2005 3:11:23 PM (5459 views)
Re: Rant! - Scott Perry/PA
10/12/2005 6:03:33 PM (5327 views)
Re: Rant! - Kevin Ahern/CT
10/12/2005 5:06:42 PM (5351 views)
Re: Rant! - LAWANDA MCMILLIAN/AR
10/12/2005 8:21:41 PM (5331 views)
Re: Rant! - Scott Perry/PA
10/12/2005 10:02:17 PM (5330 views)
Re: Rant! - Robert Franco/OH
10/13/2005 12:26:35 AM (5360 views)
Re: Rant! - Tammy Knight/MO
10/13/2005 1:22:50 AM (5347 views)
Re: Rant! - Lisa Ramsey/TX
10/14/2005 10:02:18 AM (5352 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 12:29:44 PM (5234 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 12:48:29 PM (5276 views)
Re: Rant! - Kevin Ahern/CT
10/13/2005 4:56:56 AM (5204 views)

In Connecticut an abstractor can not record a mechanic's lien on property he has searched for several reasons. First, the client is the VM/title company not the property owner. You would have to prove that the VM/title company was the authorized agent of the property owner for the purpose of improving or demolishing the property in order to succeed on the claim.

Second, the laws of Connecticut require that the lien be recorded for materials or labor used in the improvement or demolition the subject property. Architects are in an unusual position because there is some case law out there that indicates they can record a mechanic's lien only  if their plans are  actually used in the construction. Consequently, they generally prefer moving for a prejudgment remedy in the form of an attachment or garnishment.

The title abstract will not qualify as materials or labor used in the improvement or demolition of the property. Furthermore, if you wrongfully encumber the property owner's title you could be sued for slander of title, or if your state has an expedited procedure like Connecticut for discharging invalid liens you could be caught paying the property owner's legal expenses/attorney's fees for discharging an invalid lien. The mechanic's lien approach is NOT the way to go... at least in Connecticut. You may open the door to a lot of personal liability for yourself.

You would also have to pay an attorney to properly draft the mechanic's lien and a sheriff/marshal/disinterested third party to serve and record the mechanic's lien. You would also have to pay the recording fees.It is an expensive process in the event that your lien is judged to be invalid.

Then there is a limited time period in which to begin your mechanic's lien foreclosure. If the foreclosure is not initiated within this time period, the mechanic's lien becomes invalid.

The best approach is to go after your client and not the property owner. Instead of the mechanic's lien, go after a prejudgment remedy by garnishing your delinquent client's bank account or the receivables held by his client. I do this routinely. The prospect of having his cash flow interupted or the embarassment in front of his clients works wonders. You also have the blessing of the court after a hearing for the propriety of the attachment/garnishment so that it will not come back to haunt you later. You only need to show a reasonable basis for your claim...a very light burden of proof, and the attachment/garnishment is almost always granted. You may need an attorney to make certain that the proper procedures are followed, but that is a cost of doing business.  The legal expenses can be claimed as tax deductions on the Schedule C tax return (business expenses). 

However, it may not be necessary to go to any of this trouble if you merely fax a copy of the complaint to the client before initiating the suit. Explain to the client that you will be filing the suit if arrangements are not made for the payment of your bill. In most cases they will be in touch with you to make arrangements to pay your bill...for no more cost to you than the cost of the fax transmission. In those few cases where the client does not contact you, you will need to move forward with the suit. 

to post a reply: login - or - register


Re: Rant! - Iris Buchman/FL
10/13/2005 4:44:01 PM (5264 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 8:06:47 AM (5284 views)
Re: Rant! - Tammy Knight/MO
10/16/2005 10:08:48 PM (5310 views)
Re: Rant! - Kevin Ahern/CT
10/17/2005 8:21:44 AM (5656 views)

[+] Erevna? - Tammy Knight/MO (2 replies)
10/12/2005 12:28:49 AM (3252 views)

[+] United Document Services of East Northport - JENNIFER HOLZMAN/PA (1 reply)
10/11/2005 1:24:41 PM (3154 views)

Abstractor Educational Workshops!!! - Jay Duncan/MO
10/7/2005 8:06:03 AM (3728 views)

[+] Are you going to vote? - Jay Duncan/MO (1 reply)
10/7/2005 8:03:07 AM (2864 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

The Source of Title - Part I: Freedom Written, Freedom Insured
Ben DuBay's Blog
2026/02/15
0 comments

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Explain It Like I’m 5: FIRPTA Edition
Marissa Berends's Blog
2025/12/03
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

NAR Pending Home Sales Report Shows 0.8% Decrease in January
“Improving affordability conditions have yet to induce more buying activity,” said NAR Chief Economist Dr. L...
Ruling Protects North Carolina Homebuyers from Predatory Contracts
The Superior Court of North Carolina, Wake County, granted summary judgment in favor of the North Carolina Department of...
Overall Housing Starts Inch Lower in 2025
“Single-family home building dipped in 2025 because of ongoing affordability challenges, fueled by high housing pr...
NAHB Expects Remodeling Growth in 2026 and Beyond
“There are many factors contributing to the continued growth of the remodeling market, including the aging housing...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage applications rose last week as the lowest rates in four weeks helped to revive some refinance activity. ...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.