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Tracy Lyn Wenzel

Tracy Wenzel’s Answers

1 total

  • An acquaintance contractor whom we paid did not pay the suppliers who have now put liens on our property. Best Defense?

    No, we did not know about all the ways for owners to protect themselves from the beginning of the project, but ignorance of the law is no excuse. The liens are legally (updated) worded and correct in info, so no flaw to invalidate them. Does a N...

    Tracy’s Answer

    If Georgia lien law is anything like Florida's, there are a lot of possible defenses because there are a lot of techical requirements that a subcontractor must comply with in order for the lien to be validly enforced. I am including a link to a summary of Geogia lien law, but please be advised I do not know if what is written here is accurate. http://constructionliens.uslegal.com/state-laws/georgia-lien-law-summary.

    In general, once you bond off the lien, your property has a clear title without the lien. You would be free to sell or re-finance the property. Alternatively, you could just wait until the 12 month time frame to sue has passed and at that point, the property would be clear of the lien as well.

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