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Can a lien against a property be transferred to money held…

Good Morning Lawyer's Assistant:...

Good Morning

Lawyer's Assistant: Hi. How can I help?

Can a lien against a property be transferred to money held in trust

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

I'm sorry I thought I was talking to a Canadian lawyer I am in New Brunswick

Lawyer's Assistant: Has anything been filed or reported?

Yes the lien has been filed; we responded with a statement of defence and they have just filed a response

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am having troouble getting a ligation lawyer; maybe they can suggest one

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Answered in 9 minutes by:
2/10/2018
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,748
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

Is this a construction lien case?

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Customer reply replied 5 months ago
I just need to know if the lien can be transferred from my property to a lum sum of money held in trust

Yes, that can be arranged. If you pay the money into court for security for the potential judgement then the lien can be lifted. But that's rare; unless you're trying to sell the property, why would you do that?

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Customer reply replied 5 months ago
The contractor is big and rich and I am beginning to believe they are influencing lawyers and engineers. Nobody will return my calls or emails. I do not want my lawyer to miss any time frames and have me house sold out from under me

That's extremely unlikely. If you've filed a defence then you've got the ball rolling. Everyone thinks that if the other side is a corporate entity and has some money that they have more power. It's just a different style of litigation then when you're in court with another person.

They will have lawyers and engineers on their side, but that's normal. Get a lawyer of your own and press on.

Anything else to discuss?

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Customer reply replied 5 months ago
No, thank you

They need a final order for judgement, and then other court orders, before they can take possession or sell the property. That takes time. Don't assume that they are going to finagle some result and then sell your home out from under you the next day. That's not how it works.

If there's nothing else, may I please have a positive service rating? Ratings are how I get paid by the site for helping it's customers. I'd appreciate it.

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Any updates?

Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,748
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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