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Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?

 
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Old 03-06-2018, 01:03 PM   #21
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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I know of a lot of general contractors that don't get their hands dirty. They just make phone calls and hire subs and make sure the work is getting done on time and done right. It's not a physical job but it is a job that somebody has to do.
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Old 03-06-2018, 01:07 PM   #22
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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Originally Posted by builditguy View Post
A lien is not temporary. It will stick with the property, until it is sold or re-financed. Then the homeowner will either go to court over it, or pay the bill.
They expire after 1 year if the lien holder doesn’t force a sale before that.

I would not want to be a licensed gc standing in front of a judge with a bogus lien. If the lien is not legitimate, wait 12 months and it automatically goes away.

If you want to sell prior to the expiration you would have to go in front of a judge. If lien holder doesn’t show the judge would rule in your favor and order lien holder to pay your court costs.
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Old 03-06-2018, 01:09 PM   #23
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


Parasite, and scab contractor? Lofty goals Tipi!
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Old 03-06-2018, 01:10 PM   #24
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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They expire after 1 year if the lien holder doesn’t force a sale before that.

I would not want to be a licensed gc standing in front of a judge with a bogus lien. If the lien is not legitimate, wait 12 months and it automatically goes away.

If you want to sell prior to the expiration you would have to go in front of a judge. If lien holder doesn’t show the judge would rule in your favor and order lien holder to pay your court costs.


I have an unlicensed flat guy who got paid just by threatening to place a lien even though he’s not legally allowed to. He found out who the title co. was that was managing the construction loan disbursement’s and called them up. He had a check in hand in a few days. The guys never been licensed but his work is excellent. The best I’ve seen.
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Old 03-06-2018, 06:35 PM   #25
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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I have an unlicensed flat guy who got paid just by threatening to place a lien even though he’s not legally allowed to. He found out who the title co. was that was managing the construction loan disbursement’s and called them up. He had a check in hand in a few days. The guys never been licensed but his work is excellent. The best I’ve seen.
so your're sayin Tipi does your flat work
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Old 03-06-2018, 09:04 PM   #26
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


depends on the state. in ga, lien holder can re-file.
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Old 03-06-2018, 11:41 PM   #27
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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Or gets a judge to sign it out of existence.

That happened here some years back when the largest home-building in the state went belly-up. All the subs scrambled, filing liens on all the properties they had worked on and...............





.....when the bank sold the properties, a judge's signature invalidated all the liens against it.
Most likely due to the lack of funds to pay out the liens. We had a property that the owner left the country with the last payout ($200,000). We filed the lien, however do did every other sub and contractor on the project. When the bank sold the property they did so below what was owed.

The bank always gets paid first, then everyone in order of the lien filing. When the money runs out, anyone not paid has their lien nullified.
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Old 03-06-2018, 11:48 PM   #28
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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They expire after 1 year if the lien holder doesn’t force a sale before that.

I would not want to be a licensed gc standing in front of a judge with a bogus lien. If the lien is not legitimate, wait 12 months and it automatically goes away.

If you want to sell prior to the expiration you would have to go in front of a judge. If lien holder doesn’t show the judge would rule in your favor and order lien holder to pay your court costs.
That all depends on the state. Here we have 2 years to enforce (file suit). After that the lien remains on the property but is not enforceable.
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Old 03-07-2018, 12:00 AM   #29
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


It is just what look like to me. Guilty till proved innocent.
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Old 03-07-2018, 12:10 AM   #30
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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Most likely due to the lack of funds to pay out the liens. We had a property that the owner left the country with the last payout ($200,000). We filed the lien, however do did every other sub and contractor on the project. When the bank sold the property they did so below what was owed.

The bank always gets paid first, then everyone in order of the lien filing. When the money runs out, anyone not paid has their lien nullified.
Just today guy in school explain that every lien get wiped if house is foreclosed, even 2. mortgage. Except of course 1. mortgage that has colateral in house.
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Old 03-07-2018, 12:15 AM   #31
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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Originally Posted by tipitop View Post
Just today guy in school explain that every lien get wiped if house is foreclosed, even 2. mortgage. Except of course 1. mortgage that has colateral in house.
Depends on the state, but if it hasn't been enforced it will most likely be nullified.

The purpose of a lien is to get paid. How that works is through a law suit to enforce the lien. The enforcement forces the property to be sold in order to pay what is owed on the property. Most people don't want to be forced to sell their home so they pay what is owed so the lien can be lifted.
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You ask for your money frequently, and you collect it quickly, else you stop working immediately.
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Old 03-07-2018, 12:50 AM   #32
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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We have a few of those here. Jaws is one.
Im just a carpenter running 3.5 -4.5 mil in work per annum. Tough to get your bags on when your busy. Try it some time hoss

Next down turn i imagine ill remember how to do it
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Old 03-07-2018, 02:58 AM   #33
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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It is just what look like to me. Guilty till proved innocent.
I think you missed the end of the article...

"...the liens have now been dismissed."
If they were guilty until proven innocent, they would have been forced to pay the lien before having it dismissed...

Just as was the case with your lawsuit, anyone can bring charges...


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Originally Posted by tipitop View Post
Just today guy in school explain that every lien get wiped if house is foreclosed, even 2. mortgage. Except of course 1. mortgage that has colateral in house.
At some point in your course, I imagine you're going to learn that the state gets paid over everyone... if you have unpaid real taxes, they can foreclose on your property to collect the taxes and place the property up for auction (tax deed) or tax sale (tax lien)... which one depends on the state...
A tax lien sale is when real estate taxes go unpaid and the county places that debt up for auction and people bid on the interest rate to be paid (usually double-digits up to 18%)... whoever wins the bid, pays off the real estate taxes and is issued a tax lien certificate... the homeowner has a specified period of time to redeem the property by re-paying the bid winner PLUS the interest. If they don't, the bid winner can foreclose on the property and end up owning it...

A tax deed sale is when real estate taxes go unpaid and the county places that house for auction to satisfy the unpaid real estate taxes... the start bid for the property is the unpaid taxes... it is usually bid up from there based on the value of the home, but there are occasions where you can get it just for the taxes owed... whoever wins the auction owns the property outright sans any liens...
Both go through a process to allow the homeowner (and even the bank) opportunities to pay the taxes to avoid either sale, but in both cases, EVERYTHING is subordinate to the tax lien or tax deed sale because the county/state getting paid is paramount, meaning, everything else gets wiped off the books EXCEPT the county/state getting their money... and the reason is that anyone can bid, including the bank, or even a lien holder...

Last edited by KAP; 03-07-2018 at 03:05 AM.
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Old 03-07-2018, 06:38 AM   #34
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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I think you missed the end of the article...

"...the liens have now been dismissed."
If they were guilty until proven innocent, they would have been forced to pay the lien before having it dismissed...

Just as was the case with your lawsuit, anyone can bring charges...




At some point in your course, I imagine you're going to learn that the state gets paid over everyone... if you have unpaid real taxes, they can foreclose on your property to collect the taxes and place the property up for auction (tax deed) or tax sale (tax lien)... which one depends on the state...
A tax lien sale is when real estate taxes go unpaid and the county places that debt up for auction and people bid on the interest rate to be paid (usually double-digits up to 18%)... whoever wins the bid, pays off the real estate taxes and is issued a tax lien certificate... the homeowner has a specified period of time to redeem the property by re-paying the bid winner PLUS the interest. If they don't, the bid winner can foreclose on the property and end up owning it...

A tax deed sale is when real estate taxes go unpaid and the county places that house for auction to satisfy the unpaid real estate taxes... the start bid for the property is the unpaid taxes... it is usually bid up from there based on the value of the home, but there are occasions where you can get it just for the taxes owed... whoever wins the auction owns the property outright sans any liens...
Both go through a process to allow the homeowner (and even the bank) opportunities to pay the taxes to avoid either sale, but in both cases, EVERYTHING is subordinate to the tax lien or tax deed sale because the county/state getting paid is paramount, meaning, everything else gets wiped off the books EXCEPT the county/state getting their money... and the reason is that anyone can bid, including the bank, or even a lien holder...
There was a lady around here who got behind on her property taxes. Long story short; she missed one but then started paying again and they applied her payments to the most recent bills so the one she originally missed never got paid. After the deadline on the original one they foreclosed. She tried to stop it but the twp. And county said it was too late, there was nothing they could do. The house was paid for so she lost everything over a couple grand and not staying on top of it.
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Old 03-07-2018, 06:46 AM   #35
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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There was a lady around here who got behind on her property taxes. Long story short; she missed one but then started paying again and they applied her payments to the most recent bills so the one she originally missed never got paid. After the deadline on the original one they foreclosed. She tried to stop it but the twp. And county said it was too late, there was nothing they could do. The house was paid for so she lost everything over a couple grand and not staying on top of it.
I guess it would have been better if she sent the bill from the original delinquency with the payment and, in addition, marked on the check what it was for... but by law they have a long notification process, with multiple notifications on what's going to happen to make it valid...

If the house was paid off, hard to understand why she wouldn't have gotten a loan of some sort for a couple grand to take care of it instead of losing the house...

Either way... sucks...
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Old 03-07-2018, 06:50 AM   #36
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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There was a lady around here who got behind on her property taxes. Long story short; she missed one but then started paying again and they applied her payments to the most recent bills so the one she originally missed never got paid. After the deadline on the original one they foreclosed. She tried to stop it but the twp. And county said it was too late, there was nothing they could do. The house was paid for so she lost everything over a couple grand and not staying on top of it.
If thats acxurate its criminal. Tax assessor should be working at HD

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Old 03-07-2018, 06:54 AM   #37
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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If thats acxurate its criminal. Tax assessor should be working at HD

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Im looking for the original article but I ran across this which is basically the same thing, only it’s over $6.30

https://www.forbes.com/sites/kellyph.../#17fdf1377aa1
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Old 03-07-2018, 06:56 AM   #38
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


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I guess it would have been better if she sent the bill from the original delinquency with the payment and, in addition, marked on the check what it was for... but by law they have a long notification process, with multiple notifications on what's going to happen to make it valid...

If the house was paid off, hard to understand why she wouldn't have gotten a loan of some sort for a couple grand to take care of it instead of losing the house...

Either way... sucks...
Most people have a tough time getting themselves up and ready for work in the morning; staying on top of our banana republicesque tax laws is virtually impossible
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Old 03-07-2018, 06:59 AM   #39
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Re: Teacher Claim Any Gc And Sub Can Put Claim Against House Of Customer?


Like i said the city council should pressure the city manager to fire the tax assesor, this should of been stopped long before it sold. Some people absolutely love doing anything they can to exercise their little power in the world, sounds like like the tax assessor is ojne of them

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Old 03-07-2018, 07:22 AM   #40
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Most people have a tough time getting themselves up and ready for work in the morning; staying on top of our banana republicesque tax laws is virtually impossible
After reading the article, it seems she was given plenty of notice and even personally served...

Even so, $6.30?... why wouldn't she just have paid it? for $6.30, hard to understand why the next thing she did wasn't just to go take care of it right after being served...


"The county next argued that even if Battisti didn't know about the balance due in 2009 or in 2010, she certainly knew about it in 2011 when she accepted notice by certified mail and later, was personally served by a sheriff's deputy. The case, which has winded its way through the Pennsylvania court system, eventually landed in front of Beaver County Common Pleas Judge Gus Kwidis who sided with the county this week.

Joe Askar, Beaver County's chief solicitor, agrees with the ruling, saying:

The county never wants to see anybody lose their home, but at the same time the tax sale law, the tax real estate law, doesn't give a whole lot of room for error, either."



I guess they have to follow the law otherwise they open up a huge can of worms...

Dang... one of those stories that just sucks...

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