> He asked for an opinion, I gave one. Not every situation needs to be combatative. I heard something about the bird in the hand versus the two in the bush.
It was not my intention to be combative. Just trying to understand the rational for any proposed course of action. I often learn things that way. I try to have good reasons for my views but recognize that other valid reasons may lead one to contrary opinions.
Larry P
Tough call.
I might try and negotiate my way up to say $5000.00.
You may be owed the $6000.00..but a wise man said..."all things are lawfull, but not all things are advantageous."
> What would you do?
Say, "No thank you."
If they're preparing to close, they're not about to let a few hundred dollars stand in the way. You could have sold the lien for a few cents on the dollar at any time. Why should they get a break now?
JBS
I had a similar issue years ago. Did a survey and division. Client owed me less than a grand. I filed a lien. At that time the lien became invalid due to no action by me after 6 months or a year I fergit. I did nothing for some 3 years, then they came begging when the legally invalid lein showed on the title report. I got all my money and interest.
The lein does not have to be valid to stop the transaction.
Do nothing until they come begging, then get out the salt. Tell them to bring cash as their check is worthless to you. Get it in the newpapers if you can. You want a rep that keeps the non-paying types from ever even inquiring about services.
My contracts were better written after that and I have never needed to file another lein in 30 years practice. Saves lots of time/money in a career, lots.
That they contacted you tells you two things. They know that your lien is a problem for them to get a clear bill of sale AND that you provided a servics that they recognize was completed.
I would say their offer constitutes admission to both things.
Have them fax over their offer so that you have hard evidence of their admission. Then politely turn it down and ask for full payment including interest. Two can play the game.
> That they contacted you tells you two things. They know that your lien is a problem for them to get a clear bill of sale AND that you provided a servics that they recognize was completed.
>
Not necessarily. While it does say they recognize that his lien could be a problem for them getting a clear bill of sale, it does not mean they are admitting that a service was provided them. If someone offers you a settlement in a lawsuit, it does not mean that they are agreeing that you are right, it may merely mean they find it more expedient to pay you to go away. What you have to decide is "Do you think that it would still be more expedient for them to pay you to go away if they had to pay you $6k?" If you think so, then hold on for more $$$$. If you think they will be willing to let you take it to court with an action on the lien, then maybe a settlement would be your best bet. I think this is one of those cases where you would be on firmer legal ground if your contract had been with the seller rather than the prospective buyer. If they say that they never had your survey, that they were not aware prior to your lien that you had been contracted to provide a service, and that they have received no value from the service because it was not provided to them, it would make me a little uneasy going before a judge and trying to argue that I am owed money. I agree you are owed money but I would be fearful that a bank- which lets face it they have as bad a reputation for telling the truth as l@wyers do- would make just such an argument. If it is found that they did not receive any benefit from the survey and they did not sign the contract-which snoop has already conceded-, I would be afraid that the judge just might throw out the lien.
Not sure how you could put a lien on the property when your client was a third party with no contract to purchase? Seems to me your lien must go against other property owned by your client. So, I would take the settlement offer.
Glad to see that someone else sees my point I tried to make above.
It sounds like the present buyer isn't even the potential buyer that he did the work for. So the bank and present buyer haven't received any benefit from his survey.
> Not sure how you could put a lien on the property when your client was a third party with no contract to purchase?
In this situation I believe you could lien the property in Maryland as long as the "third party" was an agent of the owner.
For example if the owner hired a commercial real estate company to list the property, and the realtor then contracted Snoop for the survey believing that a current survey would help in the marketing of the property.
I think I may have misread this entire problem. Let's summarize and see if this is how the story reads.
A bank forecloses on a property and now has title.
Someone is contemplating the property and hires a surveyor to do a survey on the property even though he at this point has no legal ties to the property. He decides not to purchase and fails to pay the surveyor.
The surveyor files a lien on the property? Let's stop at this point and consider why the lien could have even been filed on the property. Okay, carry on.
The bank knows nothing of this survey nor ordered it and now has a buyer.
The attorney finds the lien and thinks that maybe the cheapest way to clear things up is to offer a stipend to the first surveyor.
If I got this right then the I'd take the offer and run.
In a nutshell, that sounds like me ordering a survey on my neighbors house then failing to pay. It does not seem that a surveyor could place a lien on my neighbors property.
Did I get this right?
I think you got it right and I tend to agree with you.
Take the money.....but make a counteroffer on the %. 66%?
I think that attorneys are most interested in being advocates for their increased profit margin and they always do it in a well planned and sly way. Remember the attorney is trying to suck the most money from his client also. The communications with Snoop, periodic review of the Snoop offer and counteroffer etc etc etc. He is going to find every etc to bill his client.
I would play his game and make a counteroffer. You have a common ground where you have both been hindered by the former third party. I would counteroffer for 66% and also asked to be released of all liability of the former survey since you have not been paid the full amount to cover your liability and professional services. Let him draw up the paperwork etc and he is happy because he gets to bill some more.
I know that most of us don't operate this way, but it seems that a good policy to have would be to have money up front before doing a survey on a piece of property that is not owned by the person wanting the survey.
>
> Did I get this right?
You are correct.
We operate in this way. Unless it is for the govt or a regular client, we require half of the estimate be paid before we do anything.
Pay the full amount plus interest. The parties have noticed the
lien and you are ready to get paid. Do not cave in at the point.
Say what you want about filing suit and lien procedures; you have
got the banker's attention. Short sale buyers get cold feet fast
and the banker knows it. Tell him to get you a cashier's check.
That's what I thought, and so you should be very careful. If in fact you don't have a legal right to file this lien (the recorders usually have no idea), and push comes to shove, you could be charged with slander of title.
I'd settle, but not for 50%. Counter with 90%, accept when they come up to 75-80%.
Was the other surveyor aware of your survey and that you had not been paid? If so, I would have a major problem with them and might possibly file an ethics complaint with the BOR.
