Q: Do I retain right to sue a contractor if I pay the claim amount of mechanic lien in order to close sale of my house?
I am selling my house in Florida on April 25th and title company discovered mechanic lien was recorded April 24th, 2017. I was never given notice of the lien and I believe it is fraudulent. Contractor was called by Title company to inquire if they would release lien and answer is no. With that call title company alerted contractor of sale of house. Contractor has until April 24th to file lawsuit and closing is scheduled for April 25th. I understand the 5 days prior to filing lawsuit law requires that la requires that I be given Affidavit "This affidavit should be given at the time that billing is made for final payment, but must be given at least five days before suit is filed to enforce the contractor's lien. I never received notice lof lien, nor Affidavit, nor copy of contract, nor bill of any type. Contractor abandoned job site and did not compete job. I never heard from them again until now when Title company informed me of the mechanics lien. I need to close sale asap
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