roofing company went bankrupt, didn't pay subcontractor, now we have a lien

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crakerz01

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Hello,

We had our roof done in July and paid the roofing company in full. We received a letter today from one of their subcontractors saying that there is a lien against our property for $2000.00 because the roofing company didn't pay them. We found out today the roofing company went out of business in August. Is there anyway we can get out of paying this? We had no agreement with this subcontractor and nothing in the contract we had with the roofing company had mentioned anything about this subcontractor.

Thank you in advance!
 
I don't know what state you're in and hate to be the bearer of potentially even more bad news. You may have to double pay in order to remove the lien. To the readers, what happens is that the homeowner pays the sleazy contractor who doesn't pay suppliers or a subcontractor, the latter of which then files a lien on the property. The owner is then required to also pay off the lien and seek remedy against the sleazy contractor, who has probably long absconded with the money.

Here is a link the California Department of Consumer Affairs Mechanic's Lien Information as one example:

What happens when a lien is filed against your property?

A lien can result in a range of problems which include:

* Foreclosure, if the homeowner doesn't pay off the lien or cannot afford to do so;

* Double payment for the same job--if the homeowner pays the prime contractor--and then has to pay the sub or supplier who wasn't paid by the prime;

* A cloud on the title of the property, which can affect the homeowner's ability to borrow against, refinance, or sell the property.

You may wish to view Civil Code sections 3110-3154 or contact an attorney or legal office for more information about Mechanic's liens.
 
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