Here is an updated on my friend's swimming pool that a CA is trying to reposses. The original thread is here-> http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=263629 Keep in mind that this is a below ground concrete pool. Today he told me that his ex-called him. The finance company showed up at the house yesterday which some engineers and a large truck. They let themselves into the back yard and were measuring the pool. She had to call the Sheriff's office who sent a deputy out to chase them off the property. The Sheriff's office told them that they can never step foot on the property again. This just keeps getting stranger and stranger. This company is going to repo a swimming pool! Amazing.
But if it's a pool, wouldn't that be a Chlor- Lien? Ha Ha Ha... Sorry just had to take a dive with that one.
George: I know they can put a lein on the house. But why did they show up with a truck? I think they were planning on filling the pool with dirt just as a f**k you to the debtor.
Do they have an easement or ingress/egress rights to the swimming pool? I assume that it is surrounded by land, which is not part of the property, correct? With no easement or other form of ingress/egress rights they are trespassing. Unless they are planning on removing the swimming pool with a Chinook, I don't think they will have the means to remove the pool. Next time they walk on the property, call the cops and demand that they press charges for trespassing. Hawg Hanner
Sorry just had to take a dive with that one. Fuba ---------------------------- Good one -you made a splash with it didn't you? LB 59
I'm getting a really gross visual of some sleazy collection agency, with all their scummy reps doing the backstroke in the back alley. Will need lots of chlorine to keep that pool blue.
More likely they were planning to fill it with cement so it could never be of use to the property owner again. That's drastic, but in earlier years city public utility districts have done it. I once had a client seller who was in danger of this because they had put in the pool without a permit and the survey for the prospective buyer showed that it sat right on top of massive city utility easements. The only thing that saved them was me researching and finding out that the city no longer used or needed those utilities nor needed the easement. Had to go downtown and literally sit on some drone's desk until they put in writing that they were officially abandoning those utilities/easements. It took months.
cable - this is one of the more amusing posts I have read ANYWHERE - LOL! some things are easier just - er - dumping.... arooo-dogman
G, In Virginia you only have 90 days from the last day worked on the project to file a mechanics lien on a property. That's why we always go back in about 60 days to correct small item on a "punch list" and document our work visit to extend our lien rights if an owner is late in paying and we don't want to file a lien right away. I don't know if other states limit the time period for filing but my guess is they do. JohnM
G, On further review the case of Scumbo V Thongwearer concludes that pools are LIQUID assets and not real property and therfore no liens can be filed, JohnM
I suppose that they could REPOSSESS if it was COURT ORDERED... But all they could do is fill it with cement or just REMOVE THE POOL...both would be VERY EXPENSIVE...but I guess the CA would WIN!?!?!?!?!
