San Diego Short Sale Surprise Liens. What Now?
I know about surprise liens. Managing a rebuild of a hillside slide that encroached on our property, we dealt with insurance companies, contractors, suppliers, and the owners of the land at fault. There were a few slimy characters that were easy to be on guard with... and then there's the one that slipped under the radar.
The one that appeared as Bambi and acted down the road as the big bad wolf.
Paying out to the contractor, they decided to float payment of materials and the said material supplier by law can only attach a lien to the contractor and the land or home in question. In this case, our land was subject to a lien, which was the result of a devious contractor getting paid for materials and not forwarding the payment to their supplier. The supplier's recourse is to place a lien against our property for payment.
By law, we are one of the parties that received benefit, in this case their rebar, and thus we are on the hook. We didn't do anything wrong. In fact, we paid all bills within 48 hours of receipt to get an agreed upon discount with the contractor. The contractor never gave the rebar supplier the same courtesy.
These things happen. There was really no way to prevent it save taking every accounting practice of the contractor under a microscope during the construction.
A lawyer was the only way to get them to do the right thing... and even then after multiple delays and lies. They were playing fast and loose, deficit spending their way toward business failure.
So what to do in a San Diego Short Sale where one of these liens shows up late to the party?
To save a deal there are really only a few choices.
a. Surprisingly, there are States that allow a homeowner to remove a lien by homesteading the property. The lien holder may still contest the release of lien though.
b. Have the Lender agree to give the Lien holder some money or find a way to have it paid on the HUD.
c. Pay it out of your own pocket.
d. Check with the Title company to see... sometimes the Lien will not attach and will just go away.
So if Your San Diego Short Sale Looks like it's going to short circuit with a Last minute Lien... don't panic. Find a Certified Pre Foreclosure Specialist like me and you can always pull said biscuits from said fire.
There's always a way to get the deal done.
If you are thinking about a mortgage relief option and would like more information about the Nine Alternatives to Foreclosure in San Diego, simply send me an email at vincemceveety@gmail.com or give me a call at (619) 928-9829
Vince McEveety handles San Diego real estate sales, North Park Short Sales, San Diego short sales, San Diego strategic short sales, North Park Strategic Short Sales, San Diego pre-foreclosure sales, North Park Pre-Foreclosure Sales, California foreclosures in San Diego, North Park San Diego Short Sales, Chula Vista Short Sales, Encinitas Short Sales, Scripps Ranch Short Sales, Carlsbad Short Sales, Pacific Beach Short Sales, Ocean Beach Short Sales, Normal Heights Short Sales. Serving all of San Diego County California. California Short Sale agent. Short Sale California.
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