Countertop installation - mechanical lien and credit report or forced forcelosure?

Asked over 1 year ago - New York, NY

Countertop installed, $3900 bill, I paid $2k upfront. I owe them $1900. They over-cut one joint, and there is a 1" gap between the counter and wall, could be fixed with backsplash tiles covering that area on the adjacent wall.

Had two outside fabricators assess - recommended re-doing whole project.

Now they are threatening lien - I don't plan to sell the condo soon but don't want this to affect my credit score OR force foreclosure/run into problems with mortgage. Cost to cover that wall with tile is $1500, so I offered $1500 deduction (from the $1900) which they refused. They've only offered to try to 'fix' the counter, which isn't physically possible - it's a solid stone.

Attorney answers (2)

  1. Michael Niels Bruno


    Contributor Level 11


    Lawyers agree

    Answered . Creditor will not be able to foreclose on you over mechanics lien. However, you should try to avoid having them place this on your property. Your options are to fight the lien - which an attorney can help you do - or take the creditor to small claims court.

  2. Vincent Thomas Pallaci


    Contributor Level 13


    Lawyer agrees

    Answered . A mechanic's lien will not show up on your credit score and it is a virtual guarantee that the lien will never be foreclosed upon when it is for $1,900. Foreclosures are long expensive processes. However, a mechanic's lien can be a technical default under the terms of your mortgage. You will have to decide whether you want to take the risk that the mortgage company defaults you for a $1,900 lien.

    The information provided herein is for informational purposes only and does not constitute legal advice. No... more

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