Beware of Forclosure property Inspections

[djaeger]

Just wanted to let all NACHI members be warned that Omega Property Services out of North Carolina should be avoided at all costs. We learned the hard way and are not only out the money spent on a locksmith and new locks, but also the service fee they offered. They are currently in litigation and we have been informed that we are "another victim" of Omega Property Services.

[Jeffrey R. Pope]

File a Mechanics Lien on the properties you've inspected for them. It's a simple, inexpensive procedure that may help secure some of the money owed to you.

[Russel Ray]

Omega Property Services would have to be the owner of the property, and in most, if not all, states, one would have had to supply materials in addition to labor in order to file a Mechanic's Lien.

[Jeffrey R. Pope]

Locks and keys are materials.

"Sub contractors" can lien a property when they are not paid by the "contractor," which, in this case, would be OPS. It doesn't matter who the owner is.

Also, the validity of a Mechanic's Lien is not even addressed when first filed. Even if the lien has no merit, it will hold up any attempt to transfer the property until the lien is challenged in court, which usually takes 30+ days.

[whandley]

http://www.cslb.ca.gov/Consumers/leg...nics-liens.asp

[Russel Ray]

Originally Posted by jpope

Locks and keys are materials.

They would be for a locksmith who didn't get paid, yes.

Originally Posted by jpope

"Sub contractors" can lien a property when they are not paid by the "contractor," which, in this case, would be OPS. It doesn't matter who the owner is.

Actually, it does. For a Mechanic's Lien to be proper, the owner of the property must contract with someone to supply labor and materials. I know of no state where materials is not part of the equation for a Mechanic's Lien. I'll happily stand corrected if times have changed over the last decade, but I doubt it.

Originally Posted by jpope

Also, the validity of a Mechanic's Lien is not even addressed when first filed. Even if the lien has no merit, it will hold up any attempt to transfer the property until the lien is challenged in court, which usually takes 30+ days.

There are specific steps that have to be followed in order to file a Mechanic's Lien. Once one realizes that one isn't going to be paid, one already has missed the first, very important step to file a Mechanic's Lien. Applying to file a Mechanic's Lien is not the same as filing a Mechanic's Lien. Several states also rely on their Clerks to review the paper work for many cases to ensure that yo-yo's don't waste the valuable time of the Court. So with common stuff (such as Mechanic's Liens, bankruptcies, certain small claims), the Clerks of the Court ensure that the standard rules of the Court and the standard rules of Law for those common pleadings are initially followed. Unknowing Court clerks can be (and have been) disciplined or fired, and people knowingly or unknowingly filing frivolous lawsuits or demands can also be disciplined by the Court.

The best venue for trying to get paid a few hundred dollars (or, in California, anything less than $10,000) is the Small Claims Court.

Before you do anything that could affect someone else's property, possibly resulting in a lawsuit against you by the owner of the property, make sure you consult with a competent real estate attorney. Also note that where some states allow certain things, counties and cities can be more restrictive. The state has to work with all the counties and cities within its borders, so, as with codes and national trade association standards, the state will have the lowest common denominator and allow counties and cities to go beyond the minimum.

[Jeffrey R. Pope]

I've filed ML's in many counties. Never has the clerk "reviewed" the documents, other than to verify that they are signed and dated.

In any event, you've missed my point. If you can interrupt the transfer of the property (right or wrong) you may get paid just to get out of the way.

Small claims court may get you a judgment, but it doesn't guarantee that you'll get paid.

[Russel Ray]

Originally Posted by jpope

I've filed ML's in many counties.

As have I, and in many states (Texas, Louisiana, California, Utah, Oregon, Washington, Michigan, Ohio, Pennsylvania, Florida). And I'm the person in charge for Mechanic's Liens for one of San Diego's oldest HVAC companies in which I own interest. I've never not had a Court Clerk not review the documents to ensure that the rules of the Court are followed. I guess I work in business, more conscientious courts than do you.

Originally Posted by jpope

In any event, you've missed my point. If you can interrupt the transfer of the property (right or wrong) you may get paid just to get out of the way.

I didn't miss your point at all, but I think you've missed mine. Messing with ownership of someone else's property, and doing it in a damaging way, can result in a lawsuit against you. Beware!

Originally Posted by jpope

Small claims court may get you a judgment, but it doesn't guarantee that you'll get paid.

Neither does an improperly files Mechanic's Lien. Duh.

[klott]

If a Lien is improper, the Clerk will call it out at time of application and never let it go any further. So if they let you file a illegitimate claim, then it is they who will be responsible for any interuption on a property transfer. Out here it's called a Theft of Services Lein. The last time I filed one, it was $35. File it, if it won't stand up, the opposing parties Lawyer can have it removed. But at least you made them spend the money they owed you on Attorney fees, and caused them grief, which I have done also.

[Russel Ray]

I haven't worked in George, but in the other states where I have worked, Theft of Services Liens are reserved for public utilities, i.e., cable, electricity, gas, etc. However, I'm not as familiar with those types of liens as I am the Mechanic's Lien.