There is a mechanic's lien on my house because the roofing co. that fixed my roof last year did not pay his supplier. The supplier sued the roofer and got a default judgment against him & it included 18k in attorney's fees. The roofer came up with all of the money to satisfy the liens themselves but the attorney for the supplier refused to accept it-He says he wants the whole amount - 40k. The roofer clearly doesn't have it. The attorney is saying he's going to foreclose on all the liens next week to satisfy the judgment. This seems crazy to me!!! He's holding my property hostage when the money was offered to him to satisfy my lien! The roofer has offered to give me the $ so I can satisfy the lien. Can I do that? Can I take the $ go to the court house & pay the clerk? How does work?
Construction / Development Lawyer
Call me and I'd be glad to walk you through it. If you are unable to handle without counsel after I explain it, either I can assist you further or refer you to an attorney that can. Whomever you hire, be sure they are experienced in construction law (board certified in construction law is preferable). Send me an email at email@example.com with your contact info.
The information provided herein is for general informational purposes only and does not establish an attorney-client relationship. Persons seeking legal advice should consult directly with a licensed attorney or contact the Florida Bar for assistance in finding an attorney.
If the lien is more than a year old, there is nothing for the supplier to foreclose upon. If the lien is less than a year old, the party that failed to comply with the lien law will lose. Florida’s lien law is complex. Hire a lawyer ASAP to review your facts and advise you.
This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory firstname.lastname@example.org (561)743-3708.
1 lawyer agrees
Real Estate Attorney
As noted by some attorneys, if the lien is more than 1 year old since its filing, then there can be no lien on your property - although they supplier may be able to sue to collect on the unpaid portion.
If the lien is less than one year old, the roofer can deposit the money to the clerk of the court under certain rules set forth in Florida Statutes, and the lien will transfer to the money with the Clerk (sometimes called a "bond").
You need to consult with a knowledgeable attorney regarding mechanics lien law.
This advice is not specific and is generic in nature and as such should not be relied upon unless given by an attorney you have specifically retained and who has all of the background information necessary to render an opinion to you.