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Clouds on My Title?? (Who RAINED on my Parade?)

By
Industry Observer with RETIRED / State License is Inactive Inactive License Oregon

Clouds on TitleFrom time-to-time I comment on another blogger's post, and then I think; mmmmm, that's really a good comment, Carla.  Maybe you should post your blog, and cash in on some points.

But, I'm a little lazy of late, and would rather read other bloggers blogs, comment, and call it a day.

Today, however, I read a blog post (http://activerain.com/blogsview/981507/Is-That-Property-You-Have-Listed-Eligible-To-Be-Sold) and thought about the clouds on title, and a "what if" scenario played out.

What if: the sellers, with good intention, updated their home to get ready for a good, quick, clean sale.  Then things happened.  They couldn't pay on the updates.  The contractor, in my state of Oregon, can file a lien.  They have the right to file a lien up to 180 days AFTER the work ceased, or they weren't paid.

Hmmmm . . . What if: the house sales, title is clear, and then the new owners get a Notice of Lien?

Another question for listings agents to ask in their pre-list consult:

Have you had any work performed by a licensed contractor in the past 6 months?  If yes, then ask:  Did you PAY THEM!

In Oregon contractors can file liens on the property AFTER 180 days of the non-payment, or when worked ceased.  Contractor's liens, mechanic liens . . .

180 days is a long time to NOT know something.  A house could be sold in that amout of time, and title would have shown an unencumbered title -- but then . . . oopsie!

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"A construction lien is a claim upon property for money owed to a contractor, material supplier or anyone who supplied labor or materials for improvements to the property.
 
If your contractor isn't paid, or if your contractor does not pay subcontractors, employees, rental equipment or material suppliers, or others who are owed money for work on your property, they may lien your property for payment.
 
It is in your best interest to verify that all bills are paid, even if you pay your contractor in full."

http://www.oregon.gov/CCB/consumer_help.shtml#What_is_a_construction_lien_

A SPECIAL CONSUMER PDF from the CCB State of Oregon:  https://ccbed.ccb.state.or.us/WebPDF/CCB/Publications/req-cn.pdf

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Hmmm . . . even if you pay YOUR contractor IN FULL . . . your contractor may NOT be paying the SUBS!  The subs have a right to lien!

Agents . . . look around the property while showing it.  New windows?  Extensive upates?  Ask questions (in writing), and try to do as much due diligence as possible for your clients.  The WHO, WHAT, WHERE, WHEN are good questions to ask.  Who did the updates?  What were the updates? Where were updates done? And all importantly, WHEN?

DISCLAIMER:  I am a real estate agent -- NOT a Title Officer.  My real estate license allows me to consult, and while NOT practicing law, licensees are allowed to DISCUSS legal specifics and give advice.  That's why real estate agents ARE important to the overall home purchase!

That being said:  Liens are attachments that run with the title of the property, NOT with the seller/owner (in most states).  Encumberances are also called "clouds" on the title.  Check your states' information about liens, and/or talk to your title/escrow people to find out how they work. 

ASK if a title insurance policy will cover a lien placed AFTER the property has deeded (should a constractors/mechanics lien pop up.)  

It's getting messy out here folks!! 

Posted by

 

 

Carla Muss-Jacobs has RETIRED effective May 1, 2018

Representing Buyers in the Portland Metro Real Estate Market | Clackamas Multnomah and Washington Counties | Since 1999

Carla Muss-Jacobs, REALTOR®, ABR, CEBA, ePro
Principal Broker/Owner ~~ INACTIVE

Carla Muss-Jacobs' retirement became effective May 1, 2018

Direct: 503-810-7192 

 

All Rights Reserved © 

Comments(5)

Robert Havana
Park and Protect- Alberta Real Estate License Parking - Calgary, AB
Alberta Real Estate License Parking

For those of us who are have challenged bookkeeping skills, it would be quite the task to find a receipt for work that was done 6 months ago.  Definitely something that a homeowner needs to be careful about retaining, just in case!

Mar 13, 2009 07:06 AM
Lisa Udy
Platinum Real Estate Group - Logan, UT
Logan Utah Realtor

Yikes! This could be scary, and if it happens to you, what a mess indeed. This is some information that is worth printing and using at office meeting. I remember learning this in my classes, and it is imperitive to teach to anyone your working with who is building! Great job Carla!

-Lisa

Mar 13, 2009 07:45 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Ah yes, the ole Contractor Lien property.  That's certainly reared it's ugly head on a couple of my escrows over the years.  I also remember one escrow, that had a Lis Pendens filed.  When the preliminary report came, I was sitting with the buyer, going over things, and they are reading through the report.  Finally, Mr. Buyer says, "Myrl, I understood about the seller's ex-wife, but who is this Lis Pendens?"

Mar 13, 2009 11:55 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Yes -- the Lis Pendes!  Good point!

Mar 14, 2009 06:34 AM
Pangaea Interior Design Kitchen & Bath Design, Remodeling
Portland Oregon - Portland, OR

Wow! Important subject and good tips for how to best protect yourself. It's always "let the buyer beware" isn't it? Yet one more reason I would never, never, never, never, buy or sell a home without an excellent broker.

Mar 14, 2009 07:54 AM