Can a contractor file a lien on my home if I didn’t sign the loan documents?
Dolan Williams
LawyerSo here is what you need to do: 1. Ask the roofing company or the financing provider to send you all the documents that were signed, including the actual UCC-1 form they filed. Since you’re the homeowner and you didn’t sign, it’s important to see exactly what they submitted and what it says about ownership or collateral. 2.. You can file a UCC-5 correction statement or request to terminate the UCC-1 if it was filed improperly or without authorization. Since your name isn’t on the agreement and you didn’t consent, you have a legitimate argument that the lien shouldn’t be on your property in this case 3. Let them know in writing (email is fine to start) that you didn’t authorize the lien, you didn’t sign anything, and you object to the UCC-1. Tell them you expect it to be removed. Sometimes they’ll back off quickly once they realize you’re serious and didn’t consent. 4. The final option is to seek declaratory relief, asking the court to remove it altogether! Does that help clarify things? I want to make sure I didn’t leave anything out.
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I need help with a financing contract that my partner was pressured into for the roof on my house. I told them no liens.... period.... I am the homeowner and they pressured him to sign the docs with docusign when I was at work. I was able to review the docs when they came through after the roof was completed. Now I see a UCC1 filing fee. I did not authorize that now did I sign any other documents for the process. I dont plan to default at all. But how can they put a lien on my property in my partners name. The roofing company filled out all the forms and I trusted him and them.
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: What is the status of the project? Did they ever finish?
Yes. The project finished on Wedneday and the documents all showed up yesterday. Thus my quick questions when I realised things went ary
I'm so sorry about that! So here is what you need to do: 1. Ask the roofing company or the financing provider to send you all the documents that were signed, including the actual UCC-1 form they filed. Since you’re the homeowner and you didn’t sign, it’s important to see exactly what they submitted and what it says about ownership or collateral. 2.. You can file a UCC-5 correction statement or request to terminate the UCC-1 if it was filed improperly or without authorization. Since your name isn’t on the agreement and you didn’t consent, you have a legitimate argument that the lien shouldn’t be on your property in this case 3. Let them know in writing (email is fine to start) that you didn’t authorize the lien, you didn’t sign anything, and you object to the UCC-1. Tell them you expect it to be removed. Sometimes they’ll back off quickly once they realize you’re serious and didn’t consent. 4. The final option is to seek declaratory relief, asking the court to remove it altogether! Does that help clarify things? I want to make sure I didn’t leave anything out.
Yes, this helps a great deal other that the other fact that they have yet to fund to the roofer. Could they then cancel the loan and the roofing company come after me for the full payment. As stated previously we intend to pay it and have good credit. I just never agreed to a lien. I went through a foreclosure 20 years ago after my 1st husbands stroke and I am deathly afraid of allowing anyone to attach a lien to my home. The sales man of the roofing company emphatically knows my stance. He is now saying he knows nothing about it. So I guess what I am asking is should I let it fund and dispute the UCC later? These banks and contractors are sneaky!!
I totally get where you're coming from. Since the loan hasn’t funded yet, you may still have time to stop it and avoid any lien being recorded because once it funds, it’s harder to undo. If you allow the funding to go through, the UCC-1 will likely stay in place until the loan is paid off, even if you dispute it after the fact. If you cancel it now, the roofer could technically try to collect directly from you, though they'd have to sue, and you’d have more control over how to handle payment. If you’re really uncomfortable with the lien, it may be better to pause the funding and negotiate directly with the roofer, especially since they haven’t been paid yet.