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Subcontractor Lien on Residence

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  • 04-25-2011, 06:16 PM
    dsmistry
    Subcontractor Lien on Residence
    My question involves the title for real estate in the state of: Illionis
    Last year I finished my basement and hired a contractor for it. At the end of the job, I paid the contractor in full for the work. The contractor had hired a subcontractor for performing the drywall job. Apparently, due to some dispute between them the contractor did not pay the subcontractor (drywall company) in full for the services performed. I just started a refinancing process and found out that the drywall company has placed a lien on my property for not being paid. The subcontractor had sent me a notice about this last year regarding which I had notified my contractor. He was going to take care of it and the forgot to follow up. I feel like I am an innocent bystander in this case who is being held hostage to manage my finances.

    My questions are:
    1) What is my recourse to getting this lien waived/released on my property?
    2) How can I get the bank/title company to move ahead with the refinance while I work through this lien issue and not halt the entire process until it is resolved?

    Appreciate any guidance before I take some legal action of my own to resolve this mess.

    Thank you.
  • 04-25-2011, 07:11 PM
    LandSurveyor
    Re: Subcontractor Lien on Residence
    Quote:

    1) What is my recourse to getting this lien waived/released on my property?
    I went through something like this many years ago- it didn't get to the point of a lien being filed because I was tipped off in advance and called my attorney immediately. And yes, it was about drywall. I had paid the contractor in full.

    He said that it would be a case of slander of title and we would immediately sue if a lien was filed. Understand that this was in Ohio and your experience may be very different in Illinois. Contact an attorney asap.
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