Join Date: Jul 2017
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As triple g mentioned, a signed contract stating you won't file a lien isn't binding and can't be enforceable if you're able to prove services were provided and payment wasn't received.
FNMA has a high turnover rate for servicers because they do not pay for services provided unless all their crazy rules and policies are met and a million photos are submitted. Once provided, they have 30 days to pay.
The billing and payments from FNMA are complicated and most servicers struggle with profitability so they push vendor payments to net 30, 60, even longer because they're waiting for payment from the client. If the client doesn't pay, the servicer doesn't want to pay the vendor and will either negotiate their fee down or not pay at all.
The client.. HUD, FNMA, etc. HATE dealing with mechanic liens and when it happens, the servicer is penalized in some capacity by the client. With the servicer putting a clause in their vendor contract, they think they have the upper hand but they don't.
In short, mechanic liens is ALWAYS a vendors right. Always keep copies of documents, etc and file when apropriate, regardless of any contact signed.