[WSBARP] crazy contractor's lien

[Clark, Catherine]

I once had a judge tell me FedEx could lien a property if it was delivering materials/drawings etc, so right, not all judges are as sympathetic as it would seem.

I’d send them a letter outlining the problems and ask them to remove the lien and nicely inform them that you intend to seek fees if they don’t.  That way, when you make your motion, you can say you tried and they ignored you.




Catherine C. Clark
Law Office of Catherine C. Clark PLLC
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Matt Albrecht
Sent: Monday, September 14, 2015 10:54 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] crazy contractor's lien

Warning on that statute--if I remember right attempting to use it and FAILING to have the lien removed results in an award of fees against the owner.  And the bar for a frivolous lien seems pretty high in most judges' minds.

On Mon, Sep 14, 2015 at 10:41 AM, Ron Housh <ron at housh.org<mailto:ron at housh.org>> wrote:
Josh

You may have already reviewed this – but see RCW 60.04.081 – which allows an expedited procedure in dealing with liens that are frivolous or clearly excessive.

Ron

**FOR PLANNING: I WILL BE OUT OF THE OFFICE FRI. SEPT. 4 THROUGH MON. SEPT. 14**

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY

Ronald G. Housh, P.S.
Attorney at Law

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Josh Grant
Sent: Monday, September 14, 2015 10:33 AM
To: wsbar
Subject: [WSBARP] crazy contractor's lien

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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