Scott Wolfe is the CEO of Wolfe Law and founder of zlien.com, a resource that helps contractors receive payment and manage financial risk. An attorney in six states, Scott is also the author of The Lien and Credit Journal, which zeros in on credit management. You can connect with him via Twitter, LinkedIn and Google+.
My main interests in Wolfe revolve around zlien. I reached out to him, this evening, as one of the biggest problems Contractors face in the Mortgage Field Services Industry is a DEMAND to waive their legal rights to lien! Liens have been filed here in the United States for over 200 years. By fiat, outfits like Safeguard Properties, have wiped out this ability with the stroke of a pen.
Now, I am sure this will generate yet another round of threats of litigation from the Freshman Lawyers Guild. I stand ready. Here is the reality: Absolute Waiver of Lien borders upon the illegal and is definitely insane. Conditional Waiver of Lien is a different creature.
First, many states or lawyers have crafted a “conditional lien waiver” document. This document looks like a lien waiver, but is “conditioned upon” actual receipt of payment. In states that
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