Friday, May 7, 2010

Texas Man Sues Homebuilder For Allegedly Filing Invalid Mechanics Lien, Stiffing Three Subs, Giving Bogus "No Lien" Affidavit To Title Insurer

In Jefferson County, Texas, The Southeast Texas Record reports:

  • A man claims a Beaumont contractor wrongly filed a mechanic's and material man's lien against him, and he fears he will lose his property. Clifford D. Hardeman filed a lawsuit April 15 in Jefferson County District Court against Elton James Senegal, doing business as Elton's Construction. Hardeman claims Senegal filed a mechanic's and material man's lien on Nov. 20, 2009, but Hardeman contends the lien should be considered invalid.

  • "The plaintiff will show that the contract for construction of the residence to be built by defendant for the plaintiff, [...] was for $225,000, and as of this date, the plaintiff has executed checks payable to defendant totaling $247,440, and in addition to this, the plaintiff has paid $19,095 to vendors in order to complete the home," the suit states.

  • "In addition to this, three sub-contractors have made claims with First American Title totaling $20,637.58 for work on the residence and not paid by the defendant, even though the original construction contract provided an All Bills Paid Affidavit signed by defendant."

For the story, see Man files suit to stop lien from contractor.

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