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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Have a question about liens. Had a flood and a restoration

Customer Question

Have a question about liens.
Had a flood and a restoration Co charged me $12K. The person who came her as their foreman told me it would be about $4k.
I signed papers which they required before they would proceed.
A called the owner 3 times every day to get a figure and a handle on the costs and no return calls.
After a long argument - with an employee she got back to me with a figure of $8K.
I offered $6k - 50% more than I expected it would be.
They refused and want to file a lien or a law suit.
My home is 50% underwater and I have just come out of foreclosure proceedings and loan modification.
Should I be concerned - my credit is crap already form the foreclosure and the home is owned by the bank.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You may want to consider filing a complaint with the state (https://www.myfloridalicense.com/entercomplaint.asp?SID=)

Your contractor came in on an emergency job, bid $4,000.00 and now is threatening legal action to charge you 3 times that much.

They refused to answer your repeated calls regarding how much was billed, and now they want to file a lien or take yout o court.

I would go to the contractor's board. (The link above tells you how the process works, and what the state's role is).

As far as the lien against your home, etc. - if you aren't worried about the equity in your home, I wouldn't worry about a $12,000.00 lien (they aren't going to try to foreclose as a junior lien holder on an underwater home, the lien will just sit there until the home is sold or refinanced).

But if they sue you, make sure that you answer the complaint and go all out on a defense - these guys are taking advantage of you.

- but again, start with the FL State Complaint (I have a strong suspicion these guys are taking advantage of you, and probably violating a lot of state contracting laws).