Saturday, November 26, 2011

Stiffed Subs' Mechanics Liens, Threat Of F'closure Leave Recent Homebuyer In Pickle Over New Pool; Contractor Claims Bad Economy Left Him Sucking Wind

In Middleburg, Florida, First Coast News reports:

  • Elizabeth Theiss likes her new swimming pool, but she said she can't enjoy it if she has to pay for it twice: She recently received two notice of liens from two separate companies. "I love the pool, it is just the liens," said Theiss.

  • Most recently, a cement company sent Theiss a letter stating that unless the outstanding balance of $2,100 is paid in five days, under Florida's construction lien law, the company will file for foreclosure of her home.

  • "I don't want to lose this house. I just bought it. I don't want to lose it," she said. Theiss paid the pool contractor, Majestic Pools, $2,400. The pool company has a good reputation, helping other consumers and doing quality work. It has an 'A' rating with the Better Business Bureau.

  • Knowing that, Theiss said she was surprised to learn that Majestic Pools failed to pay its cement company. "I checked them out," she said. [...] . When reached by phone, [Majestic Pools'] owner Joe Fitzsimmons said his business is a victim of the economy. "This was not in my plans, I had no plans on sticking her," said Fitzsimmons. "I'm in a bind and can't do anything until I get some work," he said. "I am trying to sell some of my equipment."

  • The cement company told Theiss she has three options:

    Get the company to pay the balance,
    Pay it herself,
    Seek legal advice.

  • Theiss said she would rather pay it than lose her home to a foreclosure lawsuit. A consumer tip: Always get a waiver of lien from any construction related work on your home, before making the last payment, it gives you some protection against the state's construction lien.

Source: Homeowner Afraid she may Lose Home to Foreclosure Lien - all Because of a Pool.

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