Homeowners get lien notice months after storm

Homeowners get lien notice months after strom

The storms that rolled through May took a beating on Mark Mahar's roof, but he says it's the storm he's weathering now that worries him.

"Paid for the work and this is what I'm left with," Mahar said.

He says the job is mostly done. The roof is mostly complete but the gutters have not been replaced. Mahar says he got a notice in the mail in the early part of Thanksgiving week.

"I'm pissed...I'm definitely pissed," Mahar said.

That notice came from the supplier of the roofing materials, R & S Roofing Supply out of Wichita Falls, informing him that a lein could be placed on his Anna, Texas home.

Mahar says the notice stated that he owed more than $3,000 for roofing supplies he already paid for.

A spokesman with R &S Supply confirmed to News 8 that lein notices were handed out to homeowners, close to 130 notices. The spokesman told News 8 that the contractor, Veterans Exteriors, didn't pay for the supplies entirely and says they're out more than half a million dollars.

"I've seen hundreds of cases like this," said Rick Frazier who is an attorney who specializes in Construction Law.

He is not a party to this case but is aware of these notices.

"It's not actually a lien. A lien has to be determined by a court of law," said Frazier.

News 8 reached out to Veterans Exteriors. An attorney representing the company, Jacob Thomas, responded with this statement:

"We are in contact with these customers who have informed us they received those notices. Veterans Exteriors will be actively pursuing a resolution to these issues."

Thomas also said that letters were also sent to the supplier to "resolve the matter."

Frazier says the Property Code protects the homeowner and says any valid lein would have to satisfy seriously stringent rules.

"In order to properly perfect a lien in Texas you must do two things: you must send a timely proper notice and you must also file a lein affidavit timely," he said.

It's unclear if either of these rules have been satisfied. Mahar learned quickly he wasn't the only one who received the notice. He says once his post went up on Facebook he received dozens of messages from people with similar stories.

"It's just too simple to place blame on a homeowner who's already paid a bill and request to have it paid again," he said.

After months of dealing with the roof and now this Mark is just hoping for a break in the clouds.

Copyright 2016 WFAA


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