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[+] Code of Ethics - Jay Duncan/MO (8 replies)
10/21/2005 10:35:01 AM (4777 views)

[+] research time? - GORDON TINSLEY/CA (9 replies)
10/20/2005 4:54:52 AM (3799 views)

[+] QUICK POLL - Scott Perry/PA (35 replies)
10/19/2005 9:55:01 PM (3872 views)

[+] This has been bugging me . . . - Michaela Urban/OH (21 replies)
10/18/2005 9:57:44 AM (3855 views)

[+] New member of Phoenix Document Service! - Kurt deVries/FL (10 replies)
10/17/2005 4:50:18 PM (3782 views)




[+] LENDERS SERVICES DIRECT TULSA, OK - Becky Kale/IL (4 replies)
10/17/2005 2:22:31 PM (3779 views)

[+] Okay, another question. - Tammy Knight/MO (4 replies)
10/16/2005 10:18:06 PM (3558 views)

[+] Fed up! - Spencer Kinsey/AR (5 replies)
10/15/2005 12:36:11 PM (3653 views)

[+] indexing - Douglas Gallant/OH (6 replies)
10/15/2005 12:31:46 PM (3408 views)

Questions about VMC's - Donna Grady/NC
10/14/2005 10:32:19 PM (2822 views)

[+] Anyone heard of this company.... - Loretta Reed/MD (1 reply)
10/14/2005 1:16:42 PM (3584 views)

[+] A word about prices... - Robert Franco/OH (5 replies)
10/13/2005 5:40:44 PM (4029 views)

[+] Here's my rant - Loretta Reed/MD (7 replies)
10/13/2005 11:05:00 AM (3338 views)

[+] Refaxing - Danielle Nelson/WI (8 replies)
10/12/2005 2:14:31 PM (3353 views)

[-] Rant! - Tammy Knight/MO (16 replies)
10/12/2005 12:49:24 AM (3242 views)
Re: Rant! - Kurt deVries/FL
10/12/2005 2:02:22 PM (5752 views)
Re: Rant! - Robert Franco/OH
10/12/2005 3:11:23 PM (5829 views)
Re: Rant! - Scott Perry/PA
10/12/2005 6:03:33 PM (5663 views)
Re: Rant! - Kevin Ahern/CT
10/12/2005 5:06:42 PM (5691 views)
Re: Rant! - LAWANDA MCMILLIAN/AR
10/12/2005 8:21:41 PM (5703 views)
Re: Rant! - Scott Perry/PA
10/12/2005 10:02:17 PM (5672 views)
Re: Rant! - Robert Franco/OH
10/13/2005 12:26:35 AM (5754 views)
Re: Rant! - Tammy Knight/MO
10/13/2005 1:22:50 AM (5697 views)
Re: Rant! - Lisa Ramsey/TX
10/14/2005 10:02:18 AM (5730 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 12:29:44 PM (5564 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 12:48:29 PM (5646 views)
Re: Rant! - Kevin Ahern/CT
10/13/2005 4:56:56 AM (5581 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 (5635 views)
Re: Rant! - Kevin Ahern/CT
10/14/2005 8:06:47 AM (5673 views)
Re: Rant! - Tammy Knight/MO
10/16/2005 10:08:48 PM (5710 views)
Re: Rant! - Kevin Ahern/CT
10/17/2005 8:21:44 AM (6049 views)


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