MARLEE:..A TIP TO OUR TARGET 8
INVESTIGATORS ABOUT A ROOFING
JOB LED TO AN EVEN BIGGER
DISCOVERY.SUE:..WE'RE LEARNING
HOW A STATE LAW WON'T PROTECT
YOU FROM ILLEGAL CONTRACTORS
WHO CAN HOLD YOUR PROPERTY
HOSTAGE WITH A PIECE OF PAPER.
TARGET 8 INVESTIGATOR HENRY
ERB HAS OUR STORY, NEW AT SIX.
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((LINDA SCOTT. HE FILED A LIEN
ON OUR HOUSE SAYING THAT WE
OWED HIM OVER HALF THE MONEY.))
THAT'S BECAUSE SHE HAS A
DISPUTE WITH A ROOFER OVER
WORK ON HER FATHER'S NE GRAND
RAPIDS HOME AND REFUSES TO PAY
THE FINAL BILL. SO THE ROOFER
DID WHAT A LOT OF BUILDING
CONTRACTORS DO WHEN THEY DON'T
GET PAID. HE FILED A LIEN ON
THE
PROPERTY.((BRUCE
COURTADE/ATTORNEY. I ALWAYS
REFER TO A CONTRACTORS LIEN AS
THE ATOMIC BOMB OF ALL
ENFORCEMENT ACTIONS, ALL
COLLECTION EFFORTS BECAUSE YOU
CAN MESS WITH SOMEBODY'S TITLE
TO THE HOUSE, PREVENT THEM
FROM GETTING A NEW MORTGAGE OR
SELL THE HOUSE.))A LIEN IS A
PIECE OF PAPER THAT LOOKS LIKE
THIS. THE CONTRACTOR FILLS IN
THE INFORMATION ABOUT YOUR
PROPERTY AND WHAT HE THINKS
YOU OWE HIM. GETS A NOTARY TO
STAMP IT. THEN SEND IT TO THE
COUNTY REGISTER'S OFFICE WHICH
PUTS IT ON THE PUBLIC RECORD.
IT'S SO EASY TO DO MOST LIENS
ARE JUST MAILED IN. AND A
CONTRACTOR CAN FILE IT WHETHER
HE'S RIGHT OR WRONG ABOUT WHAT
HE THINKS YOU OWE HIM. THE
CONTRACTOR DOESN'T HAVE TO
PROVE HIS CASE UNLESS YOU
STILL WON'T PAY AND ONE OF YOU
TAKES IT TO
COURT.((COURTADE. SO YAH, IT'S
VERY POWERFUL AND IT CAN BE
ABUSED VERY
EASILY.))((LINDA SCOTT. HE'S
NOT LICENSED, WE FOUND OUT
AFTER THE FACT.))THE ROOFER,
MIKE STOUT, TOLD US HE LET HIS
LICENSE EXPIRE YEARS AGO
BECAUSE HE'S SEMI-RETIRED AND
WORKS ONLY ON HOMES OF FAMILY
MEMBERS AND FRIENDS. HE SAYS
HE HAS LONG BELIEVED THAT HE
COULD FILE A LIEN FOR HIS PAY
EVEN IF HE'S UNLICENSED. BUT
THAT'S NOT WHAT ATTORNEY BRUCE
COURTADE SAYS. HE'S AN EXPERT
ON CONSTRUCTION LAW AND
TEACHES IT TO
CONTRACTORS.((COURTADE. YOU
CANNOT FILE A LIEN. YOU CANNOT
ENFORCE A LIEN YOU HAVE FILED
IF YOU ARE AN UNLICENSED
CONTRACTOR.))IF YOU ARE AN
UNLICENSED CONTRACTOR THIS
MICHIGAN LAW WON'T LET YOU USE
THE COURTS TO COLLECT YOUR PAY.
IN FACT IT'S A CRIME FOR A
BUILDING CONTRACTOR TO EVEN
WORK IN MICHIGAN WITHOUT A
LICENSE. THERE ARE FINES AND
POSSIBLE JAIL
TIME.((ERB. BUT HERE IS WHERE
WE DISCOVERED THAT MICHIGAN
LAW FAILS TO PROTECT HOME
OWNERS. EVEN THOUGH IT'S
ILLEGAL FOR AN UNLICENSED
CONTRACTOR TO FILE A LIEN,
COUNTY OFFICIALS ACROSS THE
STATE LET THEM DO IT ANYWAY.
TARGET 8 INVESTIGATORS CHECKED
WITH 14 COUNTY CLERKS IN WEST
MICHIGAN'S. NONE OF THEM
REQUIRES A CONTRACTOR TO PROVE
THEY ARE LICENSED BEFORE
FILING THEIR LIEN.
))((JUSTIN ROEBUCK/OTTAWA
COUNTY CLERK/REGISTER OF
DEEDS. UNDER THE LAW RIGHT NOW
WE HAVE NO ABILITY TO VERIFY
THE LEGITIMACY OF A LIEN
DOCUMENT.))AND EVEN AN ILLEGAL
LIEN CAN CAUSE YOU PAIN.
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((LINDA SCOTT IF IT GOES TO
COURT THEN I GUESS WE'LL HAVE
TO GO TO COURT.))AN UNLICENSED
CONTRACTOR PROBABLY WON'T GET
FAR IF HE TRIES TO TAKE HIS
LIEN TO COURT TO COLLECT. BUT
YOU STILL MIGHT HAVE TO HIRE A
LAWYER TO FIGHT IT OR GET THE
LIEN OFF. THE LIEN WILL EXPIRE
IN A YEAR BUT DURING THAT TIME
YOU CAN'T SELL THE HOUSE OR
GET A LOAN AND YOUR CREDIT
RATING MIGHT SUFFER.
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((COURTADE. IT'S AN EXTRA
BURDEN ON THE LAND
OWNER.))((ROEBUCK. I THINK
THERE ARE A NUMBER OF
LEGISLATIVE CHANGES THAT COULD
HELP THIS PROCESS.))OTTAWA
COUNTY CLERK JUSTIN ROEBUCK
THINKS THE BEST PROTECTION
WOULD BE REWRITING THE LAW TO
REVERSE THE PROCESS. TO MAKE
CONTRACTORS TO GO TO COURT
FIRST AND GET A JUDGE TO SIGN
OFF ON THE
CLAIM.((ROEBUCK. THEN IT COULD
BE TAKEN THROUGH THE LEGAL
PROCESS UP FRONT RATHER THAN
HAVING AN ACTUAL LIEN PLACED
ON SOMEONE'S PROPERTY
ESSENTIALLY WITHOUT THEIR
KNOWING IT WHICH IS ULTIMATELY
WHAT CAN HAPPEN. ))THAT'D BE A
BIG CHANGE LIKELY TO DRAW
HOWLS FROM CONTRACTORS. SHORT
OF THAT, THE OTTAWA COUNTY
CLERK WOULD LIKE TO SEE THE
LAW TO AT LEAST REQUIRE
CONTRACTORS TO PROVE THEY ARE
LICENSED WHEN THEY FILE A
LIEN. MAKE THEM SHOW THEIR
LICENSE.((ROEBUCK. I THINK IT
MAKES PERFECT SENSE TO DO
THAT.))WE REACHED OUT TO
SEVERAL WEST MICHIGAN
LAWMAKERS. ONE OF THEM SAYS
HE'LL LOOK INTO THE ISSUE.
MEANWHILE LINDA SCOTT SAYS SHE
HOPES SHE DOESN'T HAVE TO HIRE
A LAWYER AND IS WAITING TO SEE
IF THE ROOFER WILL TRY TO TAKE
HER TO COURT. I'M TARGET 8
INVESTIGATOR HENRY ERB.
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