Understanding Mechanics Liens

Summary

The user is a property owner in Washington dealing with a mechanics lien and a foreclosure motion. They were advised on the process of disputing a lien, intervening in a foreclosure suit, and seeking legal aid. They were also informed about the roles of a mortgage servicer and beneficiary, and the potential confusion when servicing rights are transferred. The user was guided on how to handle a situation where the servicer has no record of their loan, and how to authorize a third party to discuss their account. They were also educated about the role of MERS in tracking mortgage loans and the options to cash out home equity to pay past due amounts.

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mechanic liens
Hello Khara, it seems like you're seeking advice about mechanic's liens. Could you please provide more context? Are you a contractor needing to file a lien, or a property owner dealing with a lien against your property?
Im an owner of a condo that had a fire in2020 there is a lien on my property fro contractor dated */*. the HOA is also on the lien with contractor
Hello Khara, in Washington:
- A contractor can file a mechanic's lien for unpaid work within 90 days of last providing labor or materials.
- To release a lien, you may pay the debt, dispute it in court, or wait for the lien to expire (typically 8 months).
Do you wish to dispute this lien?
there is already a motion to foreclose but i wasnt a part of it
Hello Khara, in Washington, if you were not part of the foreclosure action, you typically have to intervene in the existing suit. It is recommended to consult with a local attorney to safeguard your interests.
i wrote the attorney that represents the hoa
That's a good step, Khara. In Washington, you may also need to hire your own attorney to represent your interests, especially if the HOA's attorney does not fully address your concerns.
no funds to do so
Hello Khara, in Washington, there are free or low-cost legal aid services that could assist you. Organizations like Northwest Justice Project or CLEAR hotline can provide legal help to low-income individuals.
not for this issue
I'm sorry to hear that, Khara. You may still want to reach out to legal clinics or law schools in your area. Some offer free legal information sessions, which might be helpful.
could a disbarred attorney give me advice
Hello Khara, a disbarred attorney can share general legal information but they cannot represent you in court or provide legal advice. This is because they are not licensed to practice law.
what is the difference between a mortgage servicer and mortgage beneficiary
- A mortgage servicer manages the loan's day-to-day operations: collecting payments, managing escrow accounts, handling loan modifications, etc.
- A mortgage beneficiary is the entity who lent the money. They have the right to repayment and can enforce the loan agreement if necessary.
what are the rules in disclosing
Hello Khara, could you please clarify what you mean by "rules in disclosing"? Are you asking about disclosing information related to the lien, foreclosure, or something else?
so BECU issued mortgage loan but cenlar fsb is servicer..i must talk with cenlar fsb to stop a foreclosure but have been working with becu for payments
Hello Khara, in Washington:
- You typically communicate with your loan servicer (Cenlar FSB in your case) for matters related to loan repayment, modification, and foreclosure.
- Your loan issuer (BECU) might not have control over these matters if the servicing rights have been transferred.
- It's essential to stay in contact with Cenlar FSB to discuss your options.
They have no record of my loan
Hello Khara, in such a situation, it's advisable to:
- Provide Cenlar FSB with proof of your loan, such as loan agreement documents and payment records.
- Contact BECU and ask them for assistance, as they might have records or can provide guidance.
- Consider seeking legal advice to understand your rights and next steps.
Where does fannie mae fit in to this
Fannie Mae is a government-sponsored entity that buys mortgages from lenders. If your loan was sold to Fannie Mae, they would now own your loan. However, Cenlar FSB, as your servicer, would still be the company you interact with for payments and loan modifications.
BECU sends me applications for loan modification and assistance, I have not had any communication ever with Cenlar since obtaining loan in *
Hello Khara, it sounds like there may be some confusion regarding your loan. It's possible that BECU retained some servicing rights or is offering help despite Cenlar being the primary servicer. You should reach out to both BECU and Cenlar to clarify your loan's status and explore your options.
Is there a universal form that a third party can use to discuss information about someones account
Yes, a third party can use a form known as a "Third Party Authorization Form". This allows a designated individual to access and discuss your account details. However, the institution (like your loan servicer) usually must provide this form and approve the third party.
And it would take a few days what if it is impossible to reach cenlar
Hello Khara, if you're having difficulty reaching Cenlar, you should document your attempts to communicate. Washington law requires that servicers respond to borrower inquiries. Also try contacting them via different methods such as email or postal mail. If the issue persists, consider reaching out to a legal professional or a consumer protection agency.
I noticed thar BECU address on returning payment is the same as cenlar...why wouldnt it say cenlar
Banks sometimes outsource their mortgage servicing operations to companies like Cenlar FSB. So, it's possible that BECU and Cenlar share the same address for payment processing, or BECU might be acting as the payment processing center for Cenlar. It's best to confirm this with BECU or Cenlar.
Why wouldnt i know anything about cenlar until i see the name on my notice of trustee sale
Hello Khara, this could occur if BECU transferred servicing rights to Cenlar without notifying you, or if there was a communication oversight. Under Washington law, you should have been notified about this change. It's important to contact both BECU and Cenlar to clarify this issue.
where does MERS fit in
MERS (Mortgage Electronic Registration Systems) is a private company that tracks the servicing rights and ownership of mortgage loans in the United States. It can act as the mortgagee in the county land records for the lender and servicer. Any transfers of the mortgage loan are tracked within the MERS system.
so i should be able to check there for more info
Yes, Khara. You can check the MERS ServicerID system to find out which company is currently servicing your loan. To do this, you need your *-digit Mortgage Identification Number (MIN). It should be in your mortgage paperwork or foreclosure notice.
how many homes have been foreclosed on in washington mistakenly
I'm sorry, but as FreeLawChat, I don't have access to specific statistics or data on home foreclosures in Washington. However, mistaken foreclosures can occur and homeowners who believe they've been wrongly foreclosed upon can seek legal assistance.
What are ways to cash out equity to pay the past due amount
Hello Khara, in Washington, ways to cash out home equity to pay past due amounts include:
- Home Equity Line of Credit (HELOC)
- Home Equity Loan
- Cash-Out Refinance
Please consult with a financial advisor or lender to see which option might suit your situation best.