Contracts that ask you to waive your lien rights - REO Property Preservation Forum
 
LinkBack Thread Tools Display Modes
post #1 of 8 (permalink) Old 12-20-2013, 10:14 AM Thread Starter
Senior Member
 
BamaPPC's Avatar
 
Join Date: May 2012
Location: Alabama
Posts: 414
Thanks: 95
Thanked 283 Times in 133 Posts
Contracts that ask you to waive your lien rights

A recent article over at Foreclosurepedia got me to doing some "Googling".

I found a good site that tells you if you have waived your lien rights, state by state. So, if you signed Sg's contract and think you no longer have a right to file a Mechanic's Lien...take a look. You may not have signed away your rights.

http://www.zlien.com/blog/who-lets-y...-and-analysis/
BamaPPC is offline  
Sponsored Links
Advertisement
 
post #2 of 8 (permalink) Old 12-20-2013, 03:08 PM
Business Consultant
 
Cleanupman's Avatar
 
Join Date: Nov 2012
Location: Silver Springs, Nevada
Posts: 1,380
Thanks: 322
Thanked 564 Times in 339 Posts
Foreclosurepedia and Aladay LLC have posted articles on their respective states today...
The way the law reads many contracts may be able to be voided...
At the very least the clause should be able to be "severed" from the contract.

It is starting to look as if many of the contracts are illegal...many people are posting their states Laws in one of the groups on LinkedIn....

Lien away folks...seems by law you have the right regardless of what the contract or work order states...

Aladay LLC
Property Preservation
New Business Consultant
Custom Glass&Wood
Cleanupman is offline  
post #3 of 8 (permalink) Old 12-20-2013, 03:14 PM
Senior Member
 
Join Date: Sep 2012
Posts: 588
Thanks: 192
Thanked 255 Times in 114 Posts
Our way of handling it is very simple and have used it a few times.
1. You and the company signed the contract.
2. A work order says what you will be paid.
If they fail to pay you then THEY have violated the terms of the agreement. I once had a company try to pull that waiver bit with me. My response was that since they failed to pay me then THEY did in fact violate the agreement which means it is no longer any good. Filed the lien and then finally got the money.
Just remember agreements hold BOTH parties not just the contractor.
brm1109 is offline  
The Following 2 Users Say Thank You to brm1109 For This Useful Post:
ChrisZee (12-28-2013), Craigslist Hack (12-31-2013)
Sponsored Links
Advertisement
 
post #4 of 8 (permalink) Old 12-20-2013, 03:34 PM
Business Consultant
 
Cleanupman's Avatar
 
Join Date: Nov 2012
Location: Silver Springs, Nevada
Posts: 1,380
Thanks: 322
Thanked 564 Times in 339 Posts
Quote:
Originally Posted by brm1109 View Post
Our way of handling it is very simple and have used it a few times.
1. You and the company signed the contract.
2. A work order says what you will be paid.
If they fail to pay you then THEY have violated the terms of the agreement. I once had a company try to pull that waiver bit with me. My response was that since they failed to pay me then THEY did in fact violate the agreement which means it is no longer any good. Filed the lien and then finally got the money.
Just remember agreements hold BOTH parties not just the contractor.
One of the issues I continually hear in consultations is that the BOTG is bound or at least they believe that are bound by the one sided contract.
A contract by definition is;
1.
a. An agreement between two or more parties, especially one that is written and enforceable by law. See Synonyms at bargain.
b. The writing or document containing such an agreement.
2. The branch of law dealing with formal agreements between parties.
3. Marriage as a formal agreement; betrothal.
4. Games
a. The last and highest bid of a suit in one hand in bridge.
b. The number of tricks thus bid.
c. Contract bridge.
5. A paid assignment to murder someone: put out a contract on the mobster's life.
v. (kn-trkt, kntrkt) con·tract·ed, con·tract·ing, con·tracts
v.tr.
1. To enter into by contract; establish or settle by formal agreement: contract a marriage.
2. To acquire or incur: contract obligations; contract a serious illness.
3.
a. To reduce in size by drawing together; shrink.
b. To pull together; wrinkle.
4. Grammar To shorten (a word or words) by omitting or combining some of the letters or sounds, as do not to don't.
v.intr.
1. To enter into or make an agreement: contract for garbage collection.
2. To become reduced in size by or as if by being drawn together: The pupils of the patient's eyes contracted.
Phrasal Verb:
contract out
To engage a person outside an organization by contract to undertake or produce.

In contract law you will hear the term "Mutuality of Agreement".
Loosely translated...two or more parties agree to the same thing....
That said once someone has not paid you...THEY have voided the contract and whatever the written word is inside the four walls of the contract is voided or at the very least "voidable" and if their is a lien clause it goes also...
For the most part though, in my experience a judge will not void the entire contract they will use the "serverability clause" and remove the lien waiver from the contract, again you need to be cognizant of the "Subject Matter Jurisdiction" as I pointed out in an article..by simply filing your claim in the city of the offending party, should you win your claim and the company does not pay in X-amount of time you can actually lien the offending company...yes lien their business....bet if the courts stop their incoming revenue streams they will pay immediately....

Aladay LLC
Property Preservation
New Business Consultant
Custom Glass&Wood
Cleanupman is offline  
The Following User Says Thank You to Cleanupman For This Useful Post:
thanohano44 (01-01-2014)
post #5 of 8 (permalink) Old 12-31-2013, 04:21 PM
Member
 
Join Date: Nov 2012
Posts: 70
Thanks: 17
Thanked 46 Times in 18 Posts
Sorry but I asked an attorney to represent me. He looked at my contract and said sorry, I'm screwed.

I'm going to go with an attorney rather than a blog.
foothillsco is offline  
The Following 2 Users Say Thank You to foothillsco For This Useful Post:
Field Audit Services LLC (01-01-2014), thanohano44 (01-01-2014)
post #6 of 8 (permalink) Old 12-31-2013, 05:51 PM
Senior Member
 
Join Date: Apr 2012
Posts: 751
Thanks: 123
Thanked 504 Times in 253 Posts
In Florida you cannot sign away your lien rights before you do the work.

It is funny to hear them squirm when I point this out.
Gypsos is offline  
The Following User Says Thank You to Gypsos For This Useful Post:
thanohano44 (01-01-2014)
post #7 of 8 (permalink) Old 12-31-2013, 09:30 PM
Super Moderator
 
GTX63's Avatar
 
Join Date: Apr 2012
Location: Your House Soon...Soon
Posts: 3,186
Thanks: 676
Thanked 2,249 Times in 1,094 Posts
Only you know what is best in your situation. I'm not an attorney, however, I know rulings in most courtrooms depend more on the judge than the law. I file regardless and have yet to have lost over any "contract". Knowing what I know, if an attorney told me I was screwed, I'd get a better attorney.
GTX63 is offline  
The Following User Says Thank You to GTX63 For This Useful Post:
thanohano44 (01-01-2014)
post #8 of 8 (permalink) Old 01-01-2014, 01:28 AM
Senior Member
 
Join Date: Mar 2013
Posts: 136
Thanks: 197
Thanked 95 Times in 57 Posts
Quote:
I'm going to go with an attorney rather than a blog.
This is what I am saying 'Thanks' for. Otherwise, I agree w/GTX63, get a different lawyer...
Field Audit Services LLC is offline  
The Following User Says Thank You to Field Audit Services LLC For This Useful Post:
thanohano44 (01-01-2014)
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the REO Property Preservation Forum forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode



Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome