Location: California
I hired a (seemingly) reputable solar contractor (location Southern California) to install a new system on my house. I paid them in full for the system (I have proof via emails and receipts). Apparently they didn’t pay their material supplier. The material supplier filed a mechanic’s lien (they filed everything properly with the county recorder’s office starting with the Preliminary Notice) and I just received a certified letter yesterday from the material supplier’s attorney titled “Notice of Pendency of Action (Lis Pendens)”. The Service List on the last page of this letter named myself, my spouse (also on the title of the house), the solar contractor, the owner (individual) of the solar contractor, and the bonding company of the solar contractor.
Thanks for bearing with me if you’re still reading. I did contact an attorney for advice and they recommended that I should potentially just pay the balance of what the solar contractor owes the material supplier’s attorney titled (amount is roughly $11,000) because hiring an attorney may end up being more expensive when it’s all said and done.
My question is – if this goes to trial, would I have the opportunity to pay the material supplier’s open balance against the contractor before anybody attempts to actually foreclose on my house? Trying to get a temperature read on this situation. My concern is that I will have to end up paying twice for the materials, ad if I don’t, my house will be foreclosed upon.
Greatly appreciate any feedback on this situation.
Thank you,
Comments
Find a better lawyer.
You should speak to another attorney. As you have proof you paid the contractor in full, you have a claim against them if they do not provide payment to the materials supplier.
How a lien typically works is that you are prevented from selling or refinancing the home until the lien is cleared. While not great, this is not something where you would be typically kicked out of your house.
Also, there are steps which if not followed means the lien is invalid and can be contested: https://www.cslb.ca.gov/consumers/legal_issues_for_consumers/mechanics_lien/If_A_Mechanics_Lien_Is_Filed_Against_You.aspx