Pennsylvania New Homeowners Beware

February 15th, 2010

Legal disclaimer: Please understand that I’m not an attorney and am not offering legal advice. I am only stating what I have learned about mechanic’s liens and title insurance. My information may be totally wrong, so please conduct your own research to verify what I say below. Furthermore, you may want to consult with an attorney before proceeding with the purchase of a new home.

You found the perfect home and are already dreaming of how you will decorate. The inspections go well and you have closed the deal paying for your house in full. A few days pass, then out of the blue you discover there is something called a “mechanic lien” posted on your front door. A mechanics lien allows a subcontractor who does work for the builder of your home to put a lien, or security interest, on your house until they are paid for their work.

How dare a subcontractor threaten you with a lien on your home! You get all worked up and contact the subcontractors.  You hastily tell them that the law will be on your side because it’s only right that you should only pay once. You dutifully paid the builder and were honest so the law should protect you right? Wrong. You hire an attorney and at your first meeting tell her to destroy the subcontractor’s liens. Then the attorney delicately tells you about Pennsylvania’s poorly conceived mechanic’s lien law. In short, when a builder does not pay the subcontractors who helped build your home then the home must be used to pay the subcontractors. If you refuse to pay the subcontractors they can force the sale of the home to repay the builder’s debts. So, you are out of luck because you did not get a release of liens from the subcontractors before you closed on your new home.

You would be correct in thinking that title insurance protects you from liens that are placed on your home before you buy it. However, a subcontractor has up to six months to file a mechanic’s lien on your new home and title insurance will not protect you from this gap in coverage. For example, if a subcontractor starts work two months before close and it takes the subcontractor one month to finish the job, then the subcontractor should be paid by the builder upon completion of work.  The builder may ignore his demands for payment for one month and then twenty days after close the subcontractor may become fed up and file a lien to protect his right to payment. Unfortunately, if the builder refuses to pay the subcontractor this will not show up on your title search because there is not yet a recorded lien. The subcontractor has plenty of time, up to six months, to file a mechanic’s lien against your newly acquired property for which you honestly paid. When the builder does not repay debt, the subcontractor will place a lien against the property that he worked on to recover his rightful money.

Luckily, I found out about mechanic’s liens when reading the title insurance policy I was about to purchase. In schedule B of the policy it stated that they were not responsible for mechanic’s liens. There is such a thing as mechanic’s lien insurance but it is extremely difficult, if not impossible, to obtain these days. As mandated by law, title insurance companies cannot charge higher than state regulated rates for title policy endorsements such as mechanic’s lien insurance. The procedures that title insurance companies must go through to protect themselves would be too burdensome and cost ineffective to offer mechanic’s lien endorsements to their policies. What must they do to protect themselves from having to payout on a mechanic’s lien claim? They must do exactly what new owners must do to protect themselves in the absence of mechanic’s lien insurance.

To protect against possible future liens you should first ask the builder for an indemnification letter which states that the builder will stand in front of you and pay for any liens. You should also obtain a “Waiver of Liens” from all subcontractors before they start work on the house. Why would anybody waive their right against a lien is beyond me but perhaps they really need the work and will take a chance. Subcontractors waive their right against liens for residential houses under a million all of the time. For houses over one million they are not allowed to waive this right. A less messy and easier way to structure your deal is to get a “Release of Liens” from all of the subcontractors before you close on the house. You could build a clause into your purchase contract to protect your home from future liens. The wording in the contract would state that you refuse to close on the house unless all of the builders subcontractors working on the house for the past six months grant you a release of liens. When the contractor is paid they sign the release of liens statement at the same time. A potential problem would be getting a list of subcontractors from the builder which is honestly compiled and complete.

The way the present mechanic’s lien law was written is absolutely crazy. This is a gigantic hole in the law that prevented me from obtaining my dream home. The builder I was dealing with refused to get a release of liens from his subcontractors. The purchase contract was already signed and I spent $1,000 on inspections before I discovered this home buying pitfall. Although, I’m thankful that I discovered the problem before close and was able to get my deposit money back. This hole in the law does not change my level of frustration with the Pennsylvania state legislature. Why is there still no law protecting the new home buyer in Pennsylvania?  I’m happy to see subcontractors have a way to collect their money through mechanic’s liens but to make a new home buyer liable is quite unfair.

State legislature member Don Walko introduced House Bill No. 1822 on July 2, 2009 with 28 other members and the bill was referred to the Committee on Labor Relations. Unfortunately, the bill has not seen the light of day since being introduced last July. Don Walko left office in December of 2009 to become a judge so the original champion of this bill is now gone. What is holding back the other supporters of the bill and why is the labor relations committee dragging their feet?  The mechanic’s lien problem can be easily remedied by my state representatives.  Why do they not care about this issue enough to finish the job?  What else are our legislators doing? Let me guess. Playing golf and attending worthless conventions learning about how to be better legislators.

Legal disclaimer: Please understand that I’m not an attorney and am not offering legal advice. I am only stating what I have learned about mechanic’s liens and title insurance. My information may be totally wrong, so please conduct your own research to verify what I say below. Furthermore, you may want to consult with an attorney before proceeding with the purchase of a new home.

- Steve

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Southern California Paradise

January 17th, 2010

chulavista2

Why anyone chooses to live in Southern California is beyond me.  The state is almost bankrupt, overdeveloped, backed up with traffic jams, home lots are small, and year round warm weather is mundane.  Northern California along the coast is a totally dissimilar place to be discussed in a future blog entry.

I moved to Southern California in 1993 and disliked this part of the state from day one.   I have lived in Los Angeles, Orange County, and San Diego.  I did not remain in Southern California for 15 years by choice but because my business was so intertwined with the state that I had to remain.  I moved out of the state in 2008 with boundless joy and tranquility.

Unfortunately, California is falling into a financial abyss as a result of reckless spending.  Now debt is starting to smother the life out of California.  The politicians in Sacramento chase out businesses and individuals with ridiculously high tax rates.  High income tax rates is one of the reasons why I left California.  As a final kick in the pants, upon selling my business the state enjoyed 10% of sale proceeds that I earned through hard labor.

Most of Southern California is covered in concrete and pavement.  Endless strip malls and over crowded residential neighborhoods make it hard to breathe.  Yes, smog is still a problem too.  Unless you’re among the super wealthy and can afford a 3 million dollar house, you can forget about any sort of significant yard with trees and grass.  Of course, you could go out towards the desert and buy a good sized yard, minus the trees, but then the weather is too hot.  If you do not need a job to sustain your family, then living in the mountains could be your answer; otherwise, the commute would be lengthy.  Traffic is absolutely ridiculous.  To go anywhere, and be on time, you need to leave far in advance.  The traffic most days is slow for no good reason. Sometimes traffic will surprise you and move rapidly, but if you left too early you will also arrive too early at your destination.

Southern California weather is monotonous and warm year round.  Most residents love California’s warm weather.  These same residents happily over pay for the privilege to live in overcrowded housing developments.  The threat of wild fires and earthquakes do not make one bit of difference to these warm weather fanatics.  I just do not understand this thought process.  In my opinion, anyone who cannot take 3 months of cold weather is a wimp.  As  an approximation, most Northern states receive cold winter weather in December, January, and February.  March, April and May is Spring.  June, July, and August is Summer.  September, October and November is Fall.   I enjoy the change of seasons because it’s quite pleasant to experience the smells, sounds and change of scenery four times a year.  Living in a place that has warm weather year round is absolutely mind numbing.

If you appreciate old style architecture you will be disappointed; although, there is something to be said about California’s Spanish influenced building design.  To be fair, many of the restaurants are excellent.  The culture around the beaches is quite unique and interesting.  I highly recommend visiting Laguna Beach.  If you enjoy quality hamburgers and fries made with the best ingredients be sure to visit In & Out.   When you get up on Sunday watch an episode of “California’s Gold” with Huell Howser.  Balboa Park in San Diego is a beautiful place to visit.

Most people that I’ve met love California; although, many of these people have not lived elsewhere.  I am lucky to have also lived in New York, Virginia and Pennsylvania.  Living in these other states has colored my perspective with visions of large open parks, beautiful windy roads, and reasonable housing with large yards. I know there are a lot of people who will disagree with my views on Southern California.  Neither of us is correct and neither of us is wrong in our viewpoints.  Every individual and family has a different perspective on where is the best place to live.  We are lucky to live in such a diverse and large country.  We must consider what our own values are and then make a choice.  Throughout this country, there are different climate types, a variety of cultures, and varying population densities. Before deciding on where to live, you may want to consider your own dreams of the place to live out the remainder of your life.  Be honest with yourself and then make the leap you deserve without fear.  I tried for years to break away from California and found the ultimate place to live.  Until my children turn 18 that ultimate place is Bucks County, PA.  I will write about my dream fulfilled in a soon to be released blog entry.

- Steve

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Death Valley

October 6th, 2009
Salt Flats

Salt Flats

My picture of badwater

Badwater

Five months after arriving in California I landed a great job and was ready to take a weekend trip to relax. I did not know anyone, except for a few relatives, so I decided to take the trip alone. I chose to visit the ominous sounding place named Death Valley. Back in 1993 the commercial Internet was in it’s infancy so I was not able to research this place in much detail before embarking on my trip. I did find some limited information online that indicated Death Valley was in a super desolate geographical region and extremely hot.   Several warnings were given stating that temperatures can become extreme and if your car breaks down you had better be prepared for the worse.

I’m trying to remember exactly when I visited but I think it was in early Fall. The exact time is hard to recall because in Southern California the weather is almost always the same year round. The seasons do not vary much as compared to other regions with more defined seasons. Most people seem to relish the mild year round weather but I am not a fan of Southern California’s boring weather. In fact, I am not a fan of Southern California in general for reasons I’ll leave to future blog entries.

I packed up my car with the usual stuff as well as extra food and water in case my car became inoperable out in the middle of nowhere. I drove through Victorville, CA which was my first of many times visiting Victorville. As I left this small outpost of Southern California I felt like I was finally starting my adventure into the desert. I remember driving by windmills and huge solar panels in the middle of the desert. I kept driving for a few hours and noticed that the desert was getting more and more lonely and the cars sharing my road were becoming scarce. Finally there was just me, the road and the desert.   I felt like I was the only person on a barren landscape within miles, so I stopped my car on the side of the road and there was no sound or wind.  Where I stopped offered just dead silence and the ringing sound one gets within their mind when no other sound exists. I was alone!

Being alone out here was a dream for me because I like super desolate places. I’m one of those guys who gets excited when I hear about expeditions to Antarctica or when I see pictures of Mars and the Moon.  I’m taking a story detour for a minute…my wife thought I was crazy in 2008,  when I stopped and turned off our car 20 miles out of Santa Fe, New Mexico. I then left the car and pleaded with her to experience what I thought was an amazing moment. She finally relented and we both stopped talking so that we could listen to the sound of nothing. She still thought I was crazy after the moment passed.  For you desolate freaks like me I’ll add the video I took in a future blog entry.

The sunset must have been beautiful in the desert but I do not remember this moment. Although, one moment is solidly imprinted in my mind that will last a lifetime. The darkness of night crept up on me as I was happily driving with my windows down letting in the warm desert air. I looked up through my windshield and noticed the amazing site of bright stars in the sky. Once again, I stopped my car on the side of the road and then lie on the warm hood of my trusty Nissan Sentra. There were absolutely no cars, trucks, or people. All that existed was nothing – pure quiet!  Stars were everywhere! The milky way was crisp and clear like I was watching high definition television. The view of the stars on a perfectly clear night were one of the most spectacular sights my eyes have ever seen.  People living near major cities are robbed of this gift from nature because city lights block out this amazing treat. I recommend everyone on plant Earth try to get out of town – way out of town at least once in their lives on a clear night to see what I was able to see. You will not believe how many stars there are in the sky and how small you will feel. I would have stayed there all night but being all alone out in the middle of nowhere in a place where I had never been before with thoughts racing through my mind of some crazy desert creatures is too much adrenaline for this former 24 year old.

Next I drove to a motel for the night. No reservations were made ahead of time. I was extremely lucky because I booked the last room for the night. Two guys who arrived after me were not so lucky and had to sleep in their car. There are no alternatives anywhere in Death Valley except for the Furnace Creek Resort which I believe is in the park itself.  The resort is super pricey but looks quite plush like an oasis. I just finished a little bit of research and it looks like I took route 190 North East and then South down through the park on the 178 to the 127 and over to the 15 home back to the LA area.  I’m trying to figure out at which motel I stayed that night. I remember the motel was small with a nice bar area but I was tired and did not look around much. I do remember quite well this fine mist of water they had spraying outside the motel all over. The fine spray was absolutely refreshing offering a soothing sound that blended well with the quietness of the desert. I’ll try to track down the motel someday and update this entry.

I awoke the next morning and drove into the Death Valley National Park. There are several parts of the park to visit that have varying geographical features. One part is dried out soil saturated with salt, another part is the traditional desert sand everyone thinks of when they think of deserts. I was able to tour a few ancient Indian ruins and my favorite area was a place called “Badwater” which is the lowest point in North America – 282 feet below sea level.   Pictures tell a thousand words so I’ll post a bunch.  I met numerous European tourists in the national park (that’s how I was able to get my picture taken) and did not meet even one American tourist which I found interesting. A few years ago I saw a documentary in California that showed a small lake in Death Valley.  Apparently, there was a big flood in the area and it created a temporary lake.  Follow this link to see a wonderful photo of the rare Death Valley flood.  Also, once a year wildflowers bloom in certain areas of the park which is quite beautiful from the video I once viewed.

Desert Sand

Desert

Due to my lack of good solid information on the area I did not visit Scotty’s Castle.  I saw the sign but I was growing tired of driving and actually skipped this landmark because it was in the North end of the park. What was I thinking! Scotty is just like me because he built an amazing structure in the middle of nowhere! I really regret my decision and will someday return to this national treasure. I do not have copious amounts of stories to share about Death Valley National Park because the destination I was aiming for was not my true objective.  I wanted to visit to see what Death Valley looked like while enjoying my time driving the back roads of California.

- Steve

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Wildwood, New Jersey Boardwalk in November?!

September 29th, 2009

wildwood

Boardwalks are traditionally built with wooden boards that make up a walkway surrounded by shops, hotels, food vendors, amusement rides, and novelty games. There are numerous boardwalks along the East coast of the United States including such places as Atlantic City, New Jersey, Virginia Beach, Virginia, Ocean City, Maryland, Coney Island, New York, and Wildwood, New Jersey.

Last year my wife and I decided to move our family from Burbank, CA to Leesburg, VA. A few months after we arrived we packed up the car and drove 4 hours to visit Wildwood, NJ on a mini-vacation. As a boy, I had visited Wildwood three times with my family on vacations in the late 1970s. I figured we can’t go wrong bringing our kids on this family friendly vacation adventure. On the way I bragged how they will love the smell of the seashore, meatball sandwiches, custard ice cream, Sicilian pizza, salt water taffy, tasty fudge, and wonderful amusements. My kids, who were only toddlers, could not contain their enthusiasm as I described what lie ahead. I think they only understood the main themes such as candy and sand castles but their excitement was off the charts.

We arrived at the Montego Bay Resort where we made reservations the night before. We chose the hotel because it was right on the boardwalk and one of the few hotels that were open all year. The off season price of $75.00 was quite enticing too. Unfortunately when we arrived, a significant storm made departing our car a bit difficult. I was left with the task of unloading our car during the storm while my wife hurried the kids into the hotel for safety. I asked the front desk clerk if he knew when the boardwalk opened. In return, he offered me a blank stare and then flatly told me it was closed for the year like I was some sort of deranged individual. I guess his obvious thoughts were quite correct. He told me there were only four other guests and that he was leaving – if we needed anything that the night security guard would be on duty. Upon hearing this I walked back to my family and told my wife who chuckled at me but looked a bit dejected at the same time.

We spent the early evening hours walking around a virtually deserted hotel – I felt like we were in the same hotel as the movie The Shining. There was a loud rain storm with wind whistling through window cracks and no one to be seen. We roamed the empty halls looking for entertainment and discovered a large water park built into the hotel with a water slide! This was a family friendly hotel for sure but my kids could only press their little noses against the window because the amazing water park was closed. We did find a mini arcade with lots of fun games so not all was lost. Later that night I needed to find milk for our kids in this deserted town. I drove around the rain drenched and empty streets with boarded up hotels and finally found the milk I needed. The next morning we awoke and walked down the chilly boardwalk where my wife and kids had their first view of an actual boardwalk. They were still excited to see this amazing place and we swore we would return the next year.

So kids, the lesson for today is always research a place before you jump in the car and drive four hours. The boardwalk opens mid April and closes in October. I know after Labor Day the boardwalk is only open on the weekends until closing day in October. The boardwalk is open seven days a week in the summer but I do not know the exact dates. I researched a bit but have yet to find the exact information needed. I’ll update when I find out.

The weekend after Labor Day 2009 I took my family on their second trip to Wildwood, NJ. We moved to Bucks County, PA earlier this month and the trip only took 2.5 hours. I’ll write about our new adventure to Wildwood in a future entry. I included a picture from our second trip above.

- Steve

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I love Las Vegas!

September 17th, 2009

Who would have thought that I would be writing about places I have visited in my lifetime? I should start with Sin City (Las Vegas), and that is just because it’s the place my husband started writing about, and I have to clear things up a little… Obviously I would rather talk about other places I have enjoyed (Europe), but I will keep it in the U.S. first. Don’t worry I will not go on and on about Vegas as my husband did.

In my opinion, Vegas has a lot to offer for people of all ages. Yes, if you think about it, like my husband does, the casinos are all the same in the inside. Though once you walk outside they are extraordinarily different architecturally. Some casinos offer outside shows that are quite unique with fantastic special effects. I love walking down the Las Vegas Strip viewing the interesting scenery. Yes, sometimes it gets over crowded during show performances, but the shows are usually pretty cool and worth the wait, especially if you have young kids.

I don’t consider myself much of a gambler. I could go and play about $20, without feeling guilty because I know I am not playing to win, but just for fun. Yes, I work hard to make money, but life is not all about work. I think that if you enjoyed yourself and did not go overboard then your money is well spent. Sometimes $20 will bring you a couple of hours of fun, and on other occasions it will only bring you a couple of minutes. The best thing to do is just to know how much money you want to spend and then stop.

Buffets are plentiful with lots of premium food for a reasonable price. Just like the gambling you have to know when to stop. All you have to do is say, “okay this is how much I want to eat” then you know how much to put on your plate. I always take just a little of what I seem to like because I know that there will be a lot more as I go, and I never go back for seconds. I try to stay away from the desserts and eat fruit instead because it makes me feel a little better.

Some of the casinos offer arcades or carnival style games where you could win some sort of prize. The kids, as well as myself, enjoy playing these types of games. I think I end up spending more money on this type of entertainment then I do in gambling. Lastly, if you enjoy night life, there are plenty of bars, clubs and shows. It would probably take several trips by the time you see everything that you are interested in.

Well this is my opinion about Las Vegas, but as they say, there is always something for everyone. Vegas could be your cup of tea, but if you are more of a quiet person then perhaps a more relaxing and quiet place would be in order.

- Patty

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Las Vegas, NV Good or bad?

September 14th, 2009

I’m quite excited to talk about the different places I have visited so I can give you little nuggets of information I have learned. Unfortunately, there are some places that I have not enjoyed visiting.  I lived in Southern California for 15 years, which I will discuss in future posts, and part of living in this area involves trips to Vegas.

Now that I live in Bucks County, PA, part of the Philadelphia, PA region, my wife and I drove with the kids to the Jersey shore to visit Wildwood, NJ. On the way back, I was commenting on how I enjoyed our trip and that I was happy to be far away from Southern California and Vegas. My wife and I disagreed, so she starts screaming at me at the top of her lungs that I am one sorry example of a human being. Not really…my wife is quite calm and collected. We just had a quiet conversation as our kids slept in the back. She loves Vegas and will comment in the future of why I am wrong. Most people seem to like Vegas. I can still remember my grandparents visiting Las Vegas once per year with another couple as their vacation place of choice. I just don’t get it. Why would anyone want to visit Vegas?

Truth be told, I think that every American, with the means to, should visit Vegas at least once in their lifetime.  It’s quite unique.  I could say the usual like you can go to world class shows featuring twilight career stars and that the legal gambling is intoxicating, the casinos are plentiful and gigantic creations of art, and the food buffets are amazing.  I won’t because most of this does not excite me much.   I would like to see Don Rickles live, perhaps I’ll catch his show on the East coast in Atlantic City, NJ, and I’m sure there are some quality shows on the West coast but is it really worth traveling all the way to Las Vegas if you live several states away?  On the subject of gambling?  Why?  Why on Earth would I want to gamble?  On my trip out West to move to Seattle Washington I stopped in Laughlin, NV with my mother (this will be another blog post about my 1993 trip).   We only stayed for a few hours but my mother convinced me to gamble $20.00 – I lost it.   Laughlin is similar to Vegas but from what I hear it’s more of a place for older people and not so much the “sin city” we have all heard about.  I’ve digressed…anyway, gambling is quite useless in my opinion because the odds are stacked against you.

Why would you want to gamble away hard earned money when the chances are incredibly high that you will lose?  I know…the chance of winning.  Makes sense and I understand but it’s not for me.  I get so bored with gambling that while my wife is gambling I will for a few minutes spend my time looking for abandoned machines with a few credits on them hoping to get a few free spins of the slot.  I used to do this with phones and arcade machines when I was a kid looking for free quarters…and no I do not spend hours doing this…just a small habit I act out on for a few minutes.  So leave me alone.  Again I’ve digressed.

Now where were we?  Ahhh yes.  The casinos are plentiful and gigantic works of art!  The outside of the casinos are interesting and inside the casinos their decorators try to keep up with the theme of the outside.  However, these casinos are nothing more than shells which house the same old black jack tables, slot machines, buffets, and so forth.  That’s the problem.  Once you are in these casinos they all seem the same.  Although, I did like the Excalibur hotel for one reason.  When we visited last year my kids and nephews enjoyed the Chuck E. Cheese style atmosphere.  They offered video games and carnival style games.  I became addicted to the game where I would try to squirt water using a jet spray gun into a small hole.  The more you focus the jet stream into the hole the faster your horse or whatever it was would move down the track.  Whomever would get to the finish line first would win a stuffed animal or viking hat, etc.  I won a ton of those 20 cent toys for my kids competing with small children and their parents alike.  That was the best part of my trip – I spent a lot of money there.  I know, I’ve digressed once again.

The buffets are quite nice but the problem with buffets, as an old friend once taught me, is that you feel guilty if you do not eat enough.  The trick is to stop at that first plate or you will just make yourself fat.  You want to keep eating because of all the tasty food placed in front of your eyes.  So you stuff your plate to the very top on your first trip…walking slowly as to not tip your food on the floor.  You gobble up that first plate and you subliminally tell yourself that the next plate is in essence free!  You rush back to the buffet and start filling your second plate and so on.  Then you still have the beautiful desert waiting for you!  Oh baby!  The problem with the desserts, in my opinion,  is that the cakes seem to be stale in all of the buffets I have tried during my years.  I used to hang out with a few friends who would love these buffets and they are quite popular at the Indian reservations near Southern California.  I’ll write about them someday and why I also liked to sit in on the horse racing at Sycuan Casino near San Diego.  I was with friends and do not like gambling as you know but the horse racing was kind of fun.  One more point that I’m sure some will bring up.  The casinos have great restaurants that are not buffet based.  True, but you can locate unique restaurants in most major metropolitan areas.

Again, Vegas is interesting but only once for me.  If you have never seen a desert it’s worth a trip just to experience the absolute desolation.  Drive 50 miles out of Vegas or less and you can enjoy the dry heat and beauty of the desert.  The stars at night in Death Valley make you feel small and insignificant.  I’ll post about my trip to Death Valley someday soon.  I could go on and on, and perhaps I will in the future, but there are plenty of better places than Vegas.

- Steve

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A unique blog is born

September 7th, 2009

I did some research – it looks like there are approximately 150- 200 million blogs on planet Earth in September 2009.  What makes the CityMelt blog different from all the rest?  Hard to say just yet, but I can promise our blog will not be junk content just to get traffic and we will not scrape other sites for content.  Our content will be interesting within our realm of expertise.  We will try to add posts as often as possible without breaking our first rule – only worthwhile content will be posted.

CityMelt is about local places and the people who inhabit those places.  We will post about the towns and cities where we have traveled or once lived and give you the inside scoop.  We will talk about geographical features, crime reports, weather averages, and quality of education.  Real estate is also quite important to people relocating to an area and we will be giving you our unbiased opinion from the buyer’s point of view.  Sometimes we will go off topic a bit and talk about something that we know about, or recently experienced, that we think you may find interesting.

That’s it for now – just wanted to get my initial thoughts out there – lots more to come.

- Steve

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