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Contract question

Lindenhurst, NY |

I need money for my mothers roof replacement. I have most of the money but not all.
One contractor is offering a loan to me.
I alone will be responsible for that loan to be paying it monthly. (I don't want my mom worrying)
My mothers signature will not be no where on that contract.

Can they still put a lien on the house ? My mother is the owner.

Attorney Answers 3

  1. Best answer

    Are you worried that the contractor will file a mechanic's lien even if you are paying off the loan as agreed? First, the loan agreement should be in writing. Second, you could ask the contractor to waive any right to a mechanic's lien (in writing also) so long as you are paying off the loan as agreed.

  2. Yes, they can still put a contractor's lien on the property, even if your name is the only name on the contract itself.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

  3. The contractor seems to want to give you a loan instead of an installment payment plan for the balance as avoidance to non-payment if a contractual dispute arises, so you may want to consider that concern. The contractor can place the lien on the property he works on, and it avoids the legal issues of ownership.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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