Keith v. Boraks

The transaction giving rise to this litigation began when the Borakses entered into an agreement with a contractor (not a party to this appeal) for the construction and purchase of a custom built home. During construction, the Borakses requested certain features not covered by the agreement. At the time of closing, the Borakses were short of funds, and, at their request, the contractor accepted a second mortgage in the amount of $7,000.00 to secure payment of these “extras.” At the same time, the contractor executed a “No Lien Affidavit” certifying, falsely, that at the time of closing, there…