he sent a notice of intent to lien after we moved out and said he was going to mow the grass clean up etc., to bring it up to the city code. He says he will take us to court to get the property and said he will sell it to get his money back. He says he can get the property by "operation of law.'' This don't sound right. Can he do that? He said we were bound by the contract by "tacit acquiescence"???
If the property was foreclosed on then you no longer own it. The person will have to notify the new owner to try to enforce the "mechanic's lien". It doesn't sound like a very strong argument and the bank or investor who purchased the property at the foreclosure sale probably has pretty good lawyers. As a result, the guy is unlikely to succeed in obtaining the property. If the property has not yet been foreclosed on, the guy may be trying to set up a redemption right following the foreclosure sale. Sometimes this works. In any event, once the house is foreclosed it is no longer your problem.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
1 lawyer agrees
Perfect answer by Mr. Harkess. This person threatening the lien does not know what he is talking about.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.