In Washington state, can a contractor force the sale of my house based on a contractor's lien?

Question

I have been threatened by a lawyer that if a bill for roofing is not paid immediately they will ask a judge to have the sheriff sell my house to satisfy the lien. I have been told that this is a lie and that they cannot get a court to do this, that the contractor must wait until the house is sold. I was also told that if I offer a payment plan the court will not force a sale.

Answer 1

In a word, Yes. Mechanic's Liens (called Construction Liens in some states) entitle those who improve property to a lien on the property as a security for the value of the work of improvement. These lien rights are granted under state law.

Generally, it involves a multi-step process:
-Notice to the property owner
-Recording the lien
-Perfecting the lien (getting a court order to foreclose)
-Foreclosure sale/auction

If you are not paying because you have complaints about the contractor or the work that was done, contact the WA Dept. of Labor & Industries (link below).

If you don't have the money to pay, try to work out a credit/payment plan, which can forestall the lien/foreclosure proceedings.

Answer 2

Wow, that's a tough one, especially since laws vary from state to state. Depending on how much the contractor says you owe him, you may be best off just to pay the bill and sell the home for more than you otherwise would have. If that's not an option, then I suggest you talk to your real estate agent, they should know what recourses you have in this situation. If all else fails, then you'll need to hire an attorney, as I'm assuming this would be beyond the dollar limit of small claims court.

Answer 3

Yes, this can occur in Washington State, as well as in every other state in the nation. The contractor (person to whom the money is owed) MAY wait until the house is sold, but does not need to do so.

You may offer a payment plan to forestall any foreclosure, but the payment plan must be acceptable to the person who is owed the money. If the person to whom the money is owed demands full payment regardless of your offers, a foreclosure/sheriff's sale will result.