Dayton property owner slowly settling some liens

Bobbi Hammerstaedt has held fast to hope after liens were put on her new Dayton home by contractors who were never paid by the developer.

It now looks like the developer, Landmark Homes & Development, will pay up at the last moment.

"The original lawsuit was followed by another one," Hammerstaedt said. "The two times that were going to court, they paid the liens in full at the very last minute."

Hammerstaedt said she still had four other liens on her home.

Those two liens placed by contractors were for $11,000 and $4,500.

"We're still getting lien notices in the mail, and at this point in time we know they're just waiting to the very last minute to take care of it," she said.

She didn't have to go to court -- or even hire a lawyer.

"We're hoping," she said. "We just have to see. If it's anything like we've gone through, they're just going to wait till the last minute to pay it off."

Although she met all her financial requirements when she purchased the home in December, Hammerstaedt realized the housing industry downturn would still impact her -- thanks to about $60,000 in liens placed on her home in April by subcontractors Landmark didn't pay.

Builders, painters, insulators and other contractors have filed liens against the home to obtain payment for their work.

Nevada Revised Statute 108 allows contractors to put mechanic's liens on homes if they are not paid, and it makes no difference if it is the owner or developer who doesn't pay. Other large developers have faced the same situation, according to attorney Jeff Briggs, who represented one of the contractors.

Briggs has said the mechanic's lien is placed against the property, rather than the owner, and that NRS108 allows for a security interest in the home to ensure builders get paid.

Landmark owner Jim Bawden in April said his company was trying to work out these issues. Calls to Landmark were not returned.


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