QUESTION

In 2008 I hired a contractor who told me he was licensed and bond to do work on my house. After the work was done I didn''t feel it was done properly.

Asked on Mar 26th, 2012 on Real Estate - Alabama
More details to this question:
I went downtown requested an inspection and was told the contractor wasn''t licensed. Then went to the licensuring board and reported this, I was told that they could not help me but told me I was not obligated to pay him anymore money. I recently attempted to refinance my house and discovered this unlicensed contractor placed a lien on my home in 2008. How do I get this illegal lien removed?
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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There are at least some contracts that an unlicensed contractor cannot enforce.  Yours may be one of them.  But that isn't the immediate question.  The question, I think, is whether a lien filed in 2008 is still a valid lien.  A general contractor who is employed by the owner can file a lien up to six months after the last work was performed -- but he also has to file a lawsuit within the same time frame which is aimed at enforcing the lien.  Had he filed the suit to enforce his lien, you would have already litigated the question about whether his absence of a license would defeat his contract -- and whether his work was reasonably done.  At this point, the lien's validity is in question and perhaps could be ignored by the lender's title insurer.  You should ask the title examiner whether the lien can still be any good after 4 years and whether the exception to the title commitment might be deleted.  If your lender's title examiner is not local, confer with a good real estate lawyer in your area.  If he concludes the lien has expired, perhaps you should ask if he can assume responsibility for closing your refinance loan. 
Answered on Mar 26th, 2012 at 7:51 PM

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