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try realtytrac.com
The Villages Preforeclosures is 165 Sheriff Sale is 5 bank owned is 2 |
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Contractors Release of Final Lien
AT closing I asked for and received a signed and notarized "Contractors sworn statements to Owner and Final Release of Lien". All 28 subcontractors who worked on my house signed this document!! . All you need to do is ask for this documernt at closing.
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Dozens, five, Fifty-Five - No offense to those in trouble but big deal. I feel for those that lost their home due to no fault of their own (like the person who got ill above) but if some investors couldn't flip it and just walked away, who's going to care about that?
As mentioned in another thread, there are over 35K homes already in TV. If 100 of them were in foreclosure it would be less than 1/3 of 1%. I'm sure that is MUCH lower than the Florida average. |
This is a very sad story, I do not live in TV yet but I also think that maybe we could get him some help. TV is very large and I am sure Helping Hands could help this friend of TVs.
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Any time you hire a Contractor you should get a lien release from each Sub as the work is finished I.E. Pool construction after excavation a lien release from the company that did the work, rebar, same thing, decking, electrical etc. There are laws that govern this, (spelled out in the Contract) and the funds paid to the Subs only after completion of each facet of job.
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what is scarier is if there is 100 not paying amenity fees = over $168,000 a year shortage, right? unless it is tacked on to the next buyer.
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KathI, sorry I didn't get back sooner. I'm down for the count with a cold and sinus infection. As for my friend, lots of people are helping. He plays softball and the guys there are holding a raffle and he works for the rec. dept and they're putting a fundraiser together. If I can think of anything TOTV can do, I'll get right back on board. Thanks for your thoughts.
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Liens can be a scary subject. There are all kinds of liens. If you have a "big" job, some part of your contract should require your General Contractor to show proof that all subcontractors have been paid before you make your final payment. Good advice - seldom followed.
One thing about liens, they are fairly easy to file. Some companies use liens as a threat and file frivolous liens to "force" action by you. All a lien really does (by itself) is make sure you don't sell the property against which the lien was filed until the debt alleged against that property is settled (notice that "alleged" does not mean a valid debt and that "settled" does not necessarily mean "paid"). Once a lien is filed, the party filing the lien has to prove, in court, that the debt is valid and you have a chance to prove it is invalid. If the other party is successful and proves to the court that a debt is valid, then the court issues a "judgment" for the debt which can then be used to file a foreclosure action, seize the property, and sell it to pay off the judgment. Title Insurance does not protect against liens - only against defective titles. If the original builder failed to pay some subcontractors and they filed liens against your home, then maybe your title insurance would help you out as the builder did not pass a valid title for the home to you. Other that that remote possibility, title insurance doesn't protect against liens. By the way, on some liens such as a mechanics lien, it will "expire" or become invalid after one year if the party filing the lien does not take action within one year to prove the validity of the alleged debt. No matter what, if you have a lien filed against your home, and if you think it is invalid or have other questions, best advice is to seek qualified legal advice - consult with a lawyer familiar with liens. :beer3: |
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