mechanic lien

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Fordean

Senior Member
Location
New Jersey
Occupation
Electrical Contractor
I was informed that a settlement has been reached, (Between GC and Owner). We liened a job to protect our interest.

Their attorney, Sent a Execution letter on how to discharge lien.

The wording I don't like,

Is (XXX Electric) to provide within 5 days of signing and execution of this agreement. "The Release of Lien". Before Payment. To be paid.

I don't believe this is so. And wrong. Should be paid first I believe.
 

LEO2854

Esteemed Member
Location
Ma
I was informed that a settlement has been reached, (Between GC and Owner). We liened a job to protect our interest.

Their attorney, Sent a Execution letter on how to discharge lien.

The wording I don't like,

Is (XXX Electric) to provide within 5 days of signing and execution of this agreement. "The Release of Lien". Before Payment. To be paid.

I don't believe this is so. And wrong. Should be paid first I believe.

You should demand payment first and if they do not pay in full and make sure the check clears before you remove the lien, if they do not agree to that then have your attorney notify them that the lien will not be Released.

Good luck :thumbsup:
 

gadfly56

Senior Member
Location
New Jersey
Occupation
Professional Engineer, Fire & Life Safety
You could demand a bank check, and then do a face-to-face hand off. We've done that before.
 

roger

Moderator
Staff member
Location
Fl
Occupation
Retired Electrician
You could demand a bank check, and then do a face-to-face hand off. We've done that before.
Same here. Make arraignments to meet at their place, yours, or the attorney's and sign the release when you are handed the check.

Roger
 

JoeyD74

Senior Member
Location
Boston MA
Occupation
Electrical contractor
Make sure you have written in the lien release that it will be released pending the check clearing the bank.
 

gadfly56

Senior Member
Location
New Jersey
Occupation
Professional Engineer, Fire & Life Safety
Make sure you have written in the lien release that it will be released pending the check clearing the bank.

Hence my call for a bank check, which debits the account when issued, not when cashed.
 
If you're in CA I'd proceed with full intent to perfect the lein and force the foreclosure sale of the property until you get paid. Anything other than a check for the full amount due is the equivalent of you getting ripped off. If you wait too long, you lose even if you hold a lien, according to our construction attorney.
 

Fulthrotl

~Autocorrect is My Worst Enema.~
If you're in CA I'd proceed with full intent to perfect the lein and force the foreclosure sale of the property until you get paid. Anything other than a check for the full amount due is the equivalent of you getting ripped off. If you wait too long, you lose even if you hold a lien, according to our construction attorney.

yeah.. if your due diligence in this isn't timely,
you seriously weaken the chance of collecting anything, ever.
 
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