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#1
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Arkansas has replaced the old lien law with a new one that covers more ground but will require a WRITTEN contract for services and will require the homeowner be made awares of the law with a disclaimer... Not a good thing. Will make it very difficult to collect - i am very disappointed.
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I'm not good at empathy; will you settle for sarcasm? Last edited by Terrel L. Shields : 02-27-2010 at 09:21 AM. |
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#2
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"Will make it very difficult to collect"
Pages 2 & 7. (edited to Appraiser relevant) Page 2 10 18-44-105. ....Lien of ......., 25 building, erection, or improvement is located.11 ........, appraiser, ........ 12 (a) Every ..... 13 appraiser, .............who shall do or 14 perform any ...... 15 ........., appraisal, .............. ........... 17 ., ........or by virtue of 18 any contract or written agreement for the performance of the work with the 19 owner thereof, or his or her agent, shall have a lien upon the land, 20 building, erection, or improvement upon land to the extent of the agreed 21 contract price or a reasonable price for those services. 22 (b)(1) However, the lien does not attach to the land, building, 23 erection, or improvement upon land unless and until the lien is duly filed of 24 record with the circuit clerk and recorder in the county in which the land, Pg 7. 1 2 I UNDERSTAND THAT EACH ....... APPRAISER, ..........SUPPLYING SERVICES, ......IS ENTITLED 5 TO A LIEN AGAINST THE PROPERTY IF NOT PAID IN FULL FOR THE SERVICES, 8 .... I REALIZE THAT THIS LIEN CAN BE ENFORCED BY THE SALE OF THE 9 PROPERTY IF NECESSARY.The above is a disappointing thing???
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Kill the Contract $$ Bullseye, "thin the herd". Last edited by Mike Kennedy : 07-21-2009 at 07:24 PM. |
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#3
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Compared to the old law that didn't require that statement to be included in the engagement letter. Many lenders will balk at signing that. The old law did not require such a statement and did not require the pre-filing notices nor did it give them license to fine you $1000 if you screw up the filing.
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I'm not good at empathy; will you settle for sarcasm? |
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#4
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They should have just titled it "No liens for bank or lender related work". I've never met a bank or mortgage professional that would sign such a statement.
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#5
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For all purposes, we have lost our lien law. No agent for an owner or mortgage "professional" would ever agree to sign such a document.
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#6
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One Day I Had A Tire Fixed And Charged It.
You Should See The Fine Print On The Back Of The Ticket. Real Lien Law. Appraisers Have No Voice In Anything But To Pay, Pay, And Pay To Play. Ed |
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