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[+] Here's my rant - Loretta Reed/MD (7 replies)
10/13/2005 11:05:00 AM (3289 views)

[+] Refaxing - Danielle Nelson/WI (8 replies)
10/12/2005 2:14:31 PM (3309 views)

[-] Rant! - Tammy Knight/MO (16 replies)
10/12/2005 12:49:24 AM (3199 views)
Re: Rant! - Kurt deVries/FL
10/12/2005 2:02:22 PM (5563 views)
Re: Rant! - Robert Franco/OH
10/12/2005 3:11:23 PM (5633 views)
Re: Rant! - Scott Perry/PA
10/12/2005 6:03:33 PM (5481 views)
Re: Rant! - Kevin Ahern/CT
10/12/2005 5:06:42 PM (5516 views)
Re: Rant! - LAWANDA MCMILLIAN/AR
10/12/2005 8:21:41 PM (5521 views)
Re: Rant! - Scott Perry/PA
10/12/2005 10:02:17 PM (5497 views)
Re: Rant! - Robert Franco/OH
10/13/2005 12:26:35 AM (5547 views)
Re: Rant! - Tammy Knight/MO
10/13/2005 1:22:50 AM (5517 views)
Re: Rant! - Lisa Ramsey/TX
10/14/2005 10:02:18 AM (5535 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 12:29:44 PM (5389 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 12:48:29 PM (5459 views)
Re: Rant! - Kevin Ahern/CT
10/13/2005 4:56:56 AM (5388 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. 

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Re: Rant! - Iris Buchman/FL
10/13/2005 4:44:01 PM (5450 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 8:06:47 AM (5493 views)
Re: Rant! - Tammy Knight/MO
10/16/2005 10:08:48 PM (5511 views)
Re: Rant! - Kevin Ahern/CT
10/17/2005 8:21:44 AM (5854 views)

[+] Erevna? - Tammy Knight/MO (2 replies)
10/12/2005 12:28:49 AM (3294 views)

[+] United Document Services of East Northport - JENNIFER HOLZMAN/PA (1 reply)
10/11/2005 1:24:41 PM (3197 views)




Abstractor Educational Workshops!!! - Jay Duncan/MO
10/7/2005 8:06:03 AM (3776 views)

[+] Are you going to vote? - Jay Duncan/MO (1 reply)
10/7/2005 8:03:07 AM (2920 views)

[+] WORKING CONDITIONS - Scott Perry/PA (34 replies)
10/6/2005 11:33:25 PM (3238 views)

[+] ATA - Iris Buchman/FL (5 replies)
10/6/2005 1:17:26 AM (3173 views)

[+] Be Clear with your Client - Wanda Steudel/OH (8 replies)
10/5/2005 5:13:39 PM (2972 views)

2005 Independent Examiner Report Weekend Interviews - Jarrod Clabaugh/OH
10/4/2005 11:12:02 AM (2574 views)

[+] PLAT MAPS? - Rebecca Barney/FL (14 replies)
10/4/2005 9:24:49 AM (3118 views)

Hello - Ricky Farrow/FL
10/3/2005 7:30:38 PM (2505 views)

[+] Resolution to India Call - Jason Sheppard/PA (1 reply)
10/3/2005 11:55:48 AM (2983 views)

[+] First Title & Escrow (Info) ??? - george Hubka/MI (14 replies)
10/3/2005 8:10:57 AM (3148 views)


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