Re: i may loose my house
Mechanics Lien cases move very quickly, so you need to take action right away. Also, your mortgage company may soon get notice of the lien and will demand you remove it immediately at the risk of finding you in default on the mortgage loan.
The good news for you is that the mechanics lien statute is a complicated, multi-step process, requiring several filings within certain very strict and short timedframes. If even one of the lien statute's multiple steps is missed by the filer, the lien is "dissolved" as a matter of law; and becomes unenforceable (although you would need to make a motion to dissolve and remove the invalid lien or it will stay there as an encumberance on your title).
More good news: because the steps are numerous and complicated, many (if not most) people filing mechanics liens miss one of the requirements, and fail to perfect the lien. You should hire a lawyer to see if the dumpster company has properly filed the lien, how much time/how many steps remain in the lien perfection process, and then just wait and see if the filer adequately perfects the lien within the statutory timeframe.
If so, you'll need to defend against the lien in a Superior Court lawsuit (where the filer is required to file a case against you to perfect the lien). In the Superior Court, you would try to bring claims against the roofer (or party responsioble for not paying the lien filer) for contribution and indemnity (to recover from them amounts you might be forced to pay to the liener to remove the lien).
I am very experienced in mechanics liens, and have tried several mechanics lien cases in Superior Court. I know the steps intimately. Let me know if I can help, even if just to see if the filing was done correctly and to file a motion to rid of the lien if it is dissolved. I would also try to track down the party who didn't pay the dumpster company to see if I could make them accountable and remove the lien for you. Contact me for a free consultatin.
