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  1. #1
    Join Date
    Nov 2007
    Posts
    1

    Default Incorrect Lien

    I live in Georgia.

    Yesterday I received a certified letter in the mail from an attorney stating that I had a lien placed on my home. The reason for the lien was for non-payment of construction materials to a "materialman". The vendor was a concrete company and the name that was on file as signing for materials was in fact a subcontractor.

    Interesting part is that the subcontractor was working on the new construction next door to my house. Apparently this sub put down the wrong lot # on the paperwork with the concrete company and did not pay COD as agreed upon. The concrete company, claiming they could not contact this sub researched the owner of record for the lot# and placed the lien on my home. No letter to check the facts. No phone call to verify the situation. No contact at all until a lien notification-and an incorrect one at that.

    Besides obviously contacting the attorney and alerting him to the mistake, what are my options? Luckily I know who the sub is and have contact info for him so that may help. I have done some research online and found that my credit can be adversely affected by this lien even if it's removed. God forbid I have issues selling my home now because this concrete company didn't do their homework. Do I have a suit possibility? Who is liable here? Is it the builder of the home next door? The sub working next door that gave up the bad info? Is it the Concrete vendor that didn't perform due diligence? Or the attorney who actually filed the lien?

    I'm very angry but want to focus my attention in the right direction. Help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Incorrect Lien

    Contact the attorney and inform him of the mistake, and ask that immediate corrective action be taken. If they don't act quickly, you can consider suing for "slander of title", although that's an expense I would personally try to avoid. Subject to the advice of your lawyer, you would sue the person who slandered your title, and let them figure out who else they should bring into the lawsuit.

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