Can Construction Lien Lead To Foreclosure? | News

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Can Construction Lien Lead To Foreclosure?
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MIDDLEBURG, Fla. --  Elizabeth Theiss likes her new swimming pool, but she said she can't enjoy it if she has to pay for it twice: She recently received two notice of liens from two separate companies.

"I love the pool, it is just the liens," said Theiss.

Most recently, a cement company sent Theiss a letter stating that unless the outstanding balance of $2,100 is paid in five days, under Florida's construction lien law, the company will file for foreclosure of her home.

"I don't want to lose this house. I just bought it. I don't want to lose it," she said.

Theiss paid the pool contractor, Majestic Pools, $2,400. The pool company has a good reputation, helping other consumers and  doing quality work. It has an 'A' rating with the Better Business Bureau.

Knowing that, Theiss said she was surprised to learn that Majestic Pools failed to pay its cement company. "I checked them out," she said. 

The Majestic Pools of Orange Park is closed on Mondays. When reached by phone, owner Joe Fitzsimmons said his business is a victim of the economy. "This was not in my plans, I had no plans on sticking her," said Fitzsimmons.

"I'm in a bind and can't do anything until I get some work," he said. "I am trying to sell some of my equipment."

The cement company told Theiss she has three options:

  • Get the company to pay the balance
  • Pay it herself
  • Seek legal advice

Theiss said she would rather pay it than lose her home to a foreclosure lawsuit.

A consumer tip: Always get a waiver of lien from any construction related work on your home, before making the last payment, it gives you some protection against the state's construction lien.  

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