[WSBARP] crazy contractor's lien

[Matt Albrecht]

Make a complaint to DLI for unlawful work as a contractor.  They'll go
issue a fine usually if a non-licensed contractor records a mechanics' lien.
Also, I'm pretty sure this provides a colorable CPA violation claim.

But don't assume the judges will be as hostile as you might think to this.
Not all will be.


On Mon, Sep 14, 2015 at 10:32 AM, Josh Grant <jgrant at accima.com> wrote:

> My client, a 83 year old widow, hired some neighborhood “friends”, one
> couple,  to help her dispose of furniture and property in a home after her
> husband died.  They worked a few days, she paid them $2000, and later they
> wanted more, having “forgotten” the $2000... Then characterizing the $2000
> as a gift.
>
>   They recorded a contractor’s lien on the property for $8,500.  It reads:
> “I did furnish the following labor and/or materials: 10 weeks – assisting,
> cleaning, packing, moving to storage, yard work, rubish[sic] removal”.
>
> They did record the lien within about a week of the last day they were on
> the property.
>
> Home is assessed at $108,000 by Grant County.
>   No one, of course, is a licensed contractor.
>   The form doesn’t refer to any particular statutory lien, however, it is
> on the form customarily used by contractors.  (the footer on the lien form
> says NOVA LF 136 Claim of Lien Pg2 (07-11).  Not sure where they got it.
> They  Hand wrote in the spaces that are not pre-printed.
>
> I assume that a complaint for defamation of title and for quiet title will
> free up the lien so the widow can sell.
>
> Without doing research, I assume further that one cannot lien up real
> property after cleaning .
>
> Any thoughts?  Any other causes of action?
> Thanks
>
> Josh
>
>
>
>
>
>
>
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