Mechanic’s Lien Apparently Filed to Interfere With Efforts to Sell a Home—Constructive Trust Claim Dismissed—Unlicensed Home Improvement Contractor Cannot Recover on Claims for Breach of Contract, Quantum Meruit or Unjust Enrichment—Court to Hold Hearing on Sanctions Against the Plaintiff and the Attorney
A plaintiff, by his attorney, had filed a mechanic’s lien against a residential property (house) previously owned by “A.” “A” died in January 2015. The lien stated that the plaintiff had “performed major improvements and renovations” to the house. The plaintiff alleged that he had furnished materials including, inter alia, “roofing, siding, sheetrock,…, flooring, paint,…, doors, windows, hardware, etc.,” (materials) “for a total price of $160,000.” The plaintiff sued the executor of “A’s” estate (executor). The executor moved to dismiss the action, vacate the lien and to recover damages that resulted from the executor’s “inability to sell the house.” The plaintiff had resided in the house with his girlfriend, “A’s” granddaughter and their two children. The granddaughter and one grandchild were named as co-plaintiffs.
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