Legally Speaking Answers & Questions

August 28

Q: I had hurricane repairs done on my house. I paid the contractor in full at completion. The store where the contractor got the materials now threatens to place a mechanic's lien on my property (they say the contractor has an outstanding balance). Can they legally do that and if so, how will a lien affect me? – Del

A: That can be done legally under certain situations. The supplier can put a lien on the completed work of the contractor, which in this case is (Del's) residence. Without more details, it's hard to fully analyze the situation. (Del) may have to end up paying that supplier or work something out with the supplier and go after the contractor. The contractor will ultimately be liable but in the meantime, it does create a problem for (Del) if he wanted to sell his house.

Q: I live in a Houston condo community; I am the tenant and the owner is in foreclosure on my unit. I just found out and the court date is next Tuesday. What are my tenant rights, how long can I stay in the condo before I have to move, will any of this impact my credit rating? To date, I have been an excellent tenant and always paid my rent on time. I could use 30 to 60 days before I have to move; do I have that much time? Any information or resources you can provide will be helpful.– Janet

A: (Janet's) credit rating is probably not going to be impacted unless she owns a piece of the condo. It sounds like from the question, (Janet's) merely renting from the owner. The owner is not making payment; however, if a piece of property is foreclosed upon then those leases are going to be eliminated. So, unless she can work out a deal with whomever buys it out of foreclosure, she is eventually going to have to move out.

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All answers provided by Judge Ken Wise of Fridge, Resendez & Wise LLC.