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Legal hurdle to prove slander of title in Washington State

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  • 12-21-2006, 04:22 PM
    kfred
    Legal hurdle to prove slander of title in Washington State
    I recently built a new house and received a $30,000 charge 30 days AFTER my construction loan closed. I am disputing some of the charges; however, my bigger issue is that the builder slapped a lien on me before I had a final occupancy permit and also before final payment was due. These acts are both violations of our written construction contract.

    My question is this: What level of damage do I need to prove in order to win a slander of title suit? I have already been declined for a 2nd mortgage because of the lien. I had been current on all prior charges; the only dispute was over this last charge. He claims I am delinquent, yet, I can't be delinquent on a disputed charge, can I? My attorney seems to think we have a case, but I need to know what I have to provide to prevail. And no, I am not looking at "hitting a jackpot". I simply want the lien to go away and yet still punish this guy for financially tying me up for 5 months time. Any Thoughts??
  • 12-21-2006, 04:24 PM
    seniorjudge
    Re: legal hurdle to prove slander of title?-WA state
    Slander of title is defined as: (1) false words; (2) maliciously published; (3) with reference to some pending sale or purchase of property; (4) which go to defeat plaintiff's title; and (5) result in plaintiff's pecuniary loss. You will need to prove that you cannot get financing because of the lien.

    What exactly is the nature of lien?

    What is it for?
  • 12-21-2006, 10:29 PM
    kfred
    Re: legal hurdle to prove slander of title?-WA state
    the lien is for nonpayment of the 30K. Since I am disputing some of the charges, I refused to pay any of the billing until I saw verification of the bills. He didn't provide me any; just decided to place a lien against me. Our contract calls for final payment to be due no later than 10 days after issuance of a final occupancy permit. Yet, as it turns out, he placed a lien one day before the final was issued (I gained occupancy under a temp permit)! I have since been provided with the billings (after having to hire a lawyer to get it from him). Again, I am not disputing all of the charges, but, I couldn't tell which I acknowledged and which I disputed until I saw specific charges. Does the decline on the 2nd qualify as being damaged? Under Wa Consumer Protection Act (WA RCW 19.86), is there a case to be made?
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