I signed contract with a window company to install doors in my home. A couple of weeks later I called they company to cancel. He said he couldn't cancel and he would put a lien on them if i did. No finance or loan paperwork has been signed at this point only the initial paper that was given to me at my home during home visit. He said if it was because of payment issues he would work with me and he lowered the price, i get a new contract and new paperwork for financing. Im still not convinced so i filled out the cancel request and mailed it back the next day. The company now tells me that i cancelled the financing only and that they can still charge me for the work they haven't done. The contracts i received had some blank spaces and income information was over 3x more than what i make. there were other discrepancies in the information in the contracts and i did not sign the new or old contract he sent me or the loan documents.
Now they threatening us to put a lien on my house. Can they do this even though no work has been or will be done to the house. The contract does not state that any lien can be placed on anything.
It is possible although difficult to place a valid lien on your property in these circumstances. However, even if that were to occur, a foreclosure lawsuit must be filed against you within one year. It is a rare occurrence indeed that contractors have the appetite or finances to fund a full foreclosure lawsuit, since few contractors under Texas laws requiring statutory notices, legal descriptions, recordation of the contract, etc.
So if a lien claim or lien affidavit is filed, you have two realistic choices: (1) ignore it and see if a lawsuit is generated (doubtful); or (2) engage a Bell County attorney to formally respond.
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The contract would not have to include language that a lien could be placed on your property but there are specific steps that must be performed to perfect a valid mechanic's lien on your home. You would need to meet with a lawyer to discover whether such have been performed. Also transactions concerning real estate must be in writing. Your mortgage company will want to know if there is a lien placed on your property because it has an interest to protect as well.
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