Posted by Susan Hauxhurst on 9/22/06 4:36pm
Msg #147868

Lien for non payment???

I heard through another forum that I could file a lien on the property I closed at for non payment from signing co. Has anyone ever heard of or done that??

Reply by PA_Notary_II on 9/22/06 4:38pm
Msg #147869

did you contract with the borrowers or the signing company?

Reply by MB_AZ on 9/22/06 4:42pm
Msg #147871

"A mechanics' lien is a hold on real property for the benefit of someone whose work or property improves the property." (Websters on the web). Even if the borrower contacted you for the signing, I dought this would be grounds for a mechanics Lien.

Reply by MB_AZ on 9/22/06 4:44pm
Msg #147872

Oops..... sp DOUBT n/m

Reply by Linda_H/FL on 9/22/06 4:47pm
Msg #147874

Mechanics Liens are for work or materialmen. In order to put a lien on property for your unpaid invoices I think you'd have to get a judgment against the borrower first be it small claims or whatever court has jurisdiction over that type of claim.

Reply by Charles_Ca on 9/22/06 5:23pm
Msg #147880

Re: Lien for non payment??? You beat me to it Linda

you are correct and while the definition of mechanics may change slightly form State to State it remains essentially the same. You would be opening up a serious can of worms tyring to collect against the borrower since the borrower has already paid a fee for notary services as stated on the final settlement statement. Your only recourse is the company who contracted you to do the closing, and for that reason you need to be careful who you work for.

Reply by Susan Hauxhurst on 9/22/06 5:20pm
Msg #147878

Contracted with signing company. That is what I thought. It didn't make sence to me to file a lien, but that's what I heard. Anyway, my bad, it was for SOX. I KNOW, IKNOW, but that was before I read the forum or did a search. No more SOX!

Reply by David Kral on 9/22/06 7:16pm
Msg #147900

Lien on SOX

Your judgement would have to be transferred to California and then the lien attached to SOX property.

Many here would support you in that effort.

Separately, in my state, when a contractor does work on a house, he has to notifiy at the state the client of the potential for the mechanics lein. If you did not do that, you would have to go the small claim court route, not a mechanics lien.

Reply by Gary_CA on 9/22/06 7:18pm
Msg #147902

Yes you can...

Lots of liens are filed for lots of reasons... but in your case the reason would be illegitimate. Similar liens have been filed, it's called SLANDERING TITLE and its UUUUUGLY

Plan B make SOX's life miserable. Start by faxing them 4-10 pages 4-10 times a day. The squeaky wheel gets the grease... especially if it's a really annoying squeak.

Reply by CaliNotary on 9/22/06 7:49pm
Msg #147914

Even if it were legal

it would be completely immoral and unethical. The borrower already paid for the signing out of their closing costs, why should they, as an innocent party, get stuck with a lien on their property?