Roofing Contractor Sued For Filing ‘Fraudulent Liens,’ Halting Sale of Plano Home

When Bret Taylor set out to sell the home of his late mother and stepfather, it should have been a fairly simple process. The three-bedroom home on Chinaberry Trail in Plano was listed for about $399,000, but the sale fell through when a title company representative identified two liens on the property. 

Taylor reached out to attorney Christina Alstrin of Payne Alstrin PLLC, who alleges the liens were filed improperly — a claim disputed by the roofing contractor who filed them and his attorney, who just came on board with this particular matter last week and was served legal documents Monday.

Alstrin filed suit on June 16 in a Collin County district court asking for a declaratory judgment related to the liens filed by Jess Marshall of Autograph Construction Inc. An amended petition was filed late Friday, July 14.

A CandysDirt.com reporter and publisher Candy Evans spoke with Marshall by phone Monday evening.

The facts — according to Marshall — are that he and his subcontractors rebuilt the home on Chinaberry Trail after a fire, and they are pursuing payment so they can feed their families. 

“Normally when I’m reached for comment on things that are similar to this, I have to defer my comment because it is literally … it’s being litigated,” Marshall said.

The homeowner, the late Richard Allen Royster, is the stepfather of Bret Taylor, who is also referred to as Bret Royster in the lawsuit. Richard Royster died while Marshall’s company was under contract with him, and no one knew how to reach him for a two-year period, Marshall said. 

The two-year time frame is a key component in this case, as Alstrin claims the liens are fraudulent because they were filed so long after the work was allegedly completed, in late 2020 or early 2021.

Marshall’s attorney, Sean Mathis, asked last week for more time to respond to the lawsuit before commenting. We spoke to him Tuesday afternoon and he explained that he legally has about 20 days to respond to Alstrin’s petition, under the Texas Rules of Civil Procedure.

He added that liens are a mechanism that contractors use so they can ensure payment for their work. Mathis said it was unfair for Alstrin to reach out to the media without giving him time to respond to her claims.

“This whole thing is not playing fair,” he said. “She’s trying to shortcut my ability to defend my client.”

Alstrin’s filing outlines accusations against Marshall and his roofing business, primarily that she hasn’t seen any evidence that the work referenced in the liens was actually completed and that the liens were filed well after the legal deadline for such paperwork.

Here’s a big takeaway: Bret Taylor isn’t looking for money. He wants the liens dropped so he can sell the house.  

Royster vs. Autograph Construction Inc. 

The lawsuit alleges that Marshall filed two liens in May against the Royster estate. One claims $54,989 is owed for roof replacement and fire restoration. A second lien claims $29,987 is owed for furniture, appliances, rugs, labor, ADA remodeling, and ramps. 

“No notice of liens were provided to the Plaintiff,” the suit claims. “Indeed, Plaintiff first learned of the liens through the title company — just two days before the Property was scheduled to close for sale on June 8, 2023. As a result of the fraudulent liens the sale of the Property did not go forward, and Plaintiff continues to be obligated for all costs associated with the Property — including mortgage, taxes, insurance, and utilities.”

Alstrin told CandysDirt.com that her client did some digging. 

Taylor got the file on his parents’ home from State Farm Insurance containing all of the requests and checks written to Autograph and the homeowner. The checks had been endorsed and deposited. 

“When [Taylor] looked at the file to make sure everything had been completed, Autograph had been paid some $200,000 on an insurance claim,” Alstrin said. “There had been a fire and some other work that needed to be done as a result of that. He thought that was a large claim on a small house. If you’re getting a check for $200,000, you’re essentially redoing the home.” 

Taylor, his Keller Williams real estate agent, and Alstrin have attempted to get copies of a contract or invoice from the roofer. 

“They never provided any documentation,” Alstrin said. “If you really think about it, they say they’re owed about $85,000. That means they did [a total of almost] $300,000 worth of work on this house. The house is selling for a little over $300,000. There’s no way. If you think you’re owed $85,000, don’t you think you’d come up with the invoice to substantiate it so you can get paid?” 

A Friendship Forged by Fire

When Richard Royster’s house caught on fire, Marshall and his crew were in the neighborhood working on another home, the roofer explained.

“We became friends with this man,” Marshall said. “We actually helped him put the fire out. He’s also an invalid, so we got him outside … His house was almost a total loss.”

When pressed for more comment, Marshall replied, “I think for now that’s about all I can say, but it’s a really complicated setup.” 

Marshall, whose attorney says he’s been in business since 1996, refuted any claims that he uses shady business practices. 

“We’re just trying to feed our families,” he said. “I’m a very honest local guy. I’ve got local roots, family here, lots of friends. We don’t rip anyone off or try to hurt anybody. We restored this entire property for this man and he died in the middle of it. We couldn’t get ahold of anybody until his property went into tax foreclosure.” 

Fraudulent Liens, Clouded Title 

Alstrin said the liens really shouldn’t have been filed in the first place, but it’s not the job of a clerk to determine whether a lien notice contains the proper information. Their job is to stamp the paper, not evaluate it, she said. 

“The liens state that notice was provided in November (no year is provided),” according to the amended filing provided by Alstrin to CandysDirt.com on Friday. “Defendants were last on the Property in late 2020 or early 2021. This means that Defendants had until April 2021, at the latest, to file the liens. Marshall filed the liens on May 9, 2023, which is approximately two (2) years past the statutory deadline. Based on Marshall’s failure to timely file the liens, the liens are invalid, unenforceable, and must be released. There are no exceptions to this requirement, and this is a failure that cannot be cured.”

The lien is bad on its face for a number of reasons, Alstrin added.

“They don’t have the date that service was provided,” she said. “They also don’t attach the underlying contract, which is required when you file the notice of lien. It has to be signed by both homeowners for a homestead. Otherwise, you’re clouding the homestead.”

Marshall said he wasn’t aware of the allegation that the liens were filed improperly, adding that his legal and administrative staff handle such matters.

Furthermore, the title company is holding up the sale of the home, which forces the issue into the courts, Alstrin explained. 

“The gal at the title company said they don’t want to get involved,” Alstrin said.

We reached out to attorney Laurence Henry of LegacyTexas Title to speak in generic terms about the title process and how liens can hold up the sale of a home.

“While fraud is definitely on the rise, we don’t see fraudulent liens all that often,” Henry said. “If a fraudulent lien is filed, the owner would likely need to get a declaratory judgment to remove it.”

What is more common, Henry said, are fraudulent deeds.

“This is often filed against a vacant lot, a rental property, or an estate-owned property, where it isn’t owner-occupied,” Henry explained. “Again, in this type of scenario, a trip to the courthouse is often the cure.”

He added that Dallas County residents can set up a fraud alert to be notified when certain items are filed against the owner’s name and/or property.

When asked whether he frequently files liens on other properties, Marshall declined to address “other business that’s not related to Chinaberry.”

Marshall acknowledged that Alstrin’s petition for declaratory judgment doesn’t look good but said filing liens is fairly common in his business. 

“A court pleading is certainly going to make me look like the worst guy ever,” he said. “I don’t want to have to move forward legally. I’d like to be able to finish this off and pay my people their commissions. We all work straight commission over here like everyone in our business. This is actually a big thing in the restoration business. Lots of people don’t pay their contractors and don’t know they’re getting ‘liened.’ Attorneys call them fraudulent liens because of the Homestead Act in Texas.”

Homeowners are responsible for ensuring contractors are paid so surprises don’t come up at closing, Marshall added.

“I will tell you this is not a surprise to Bret Taylor,” he said.

A $10,000 statutory fine is associated with filing fraudulent liens, but what her client really wants is the liens to be removed so he can sell the house, Alstrin reiterated. 

“There are some people who can’t afford to hire an attorney and when these bogus liens pop up, they’ll negotiate them,” she said. “It doesn’t mean they’re valid. They’ll just say, ‘How much do you want to go away?’ Because they cannot sell their house or [refinance]. And time is money.” 

Marshall said there are two sides to every story.

“The long and short of it is they want to be able to sell the house,” he said. “I want them to be able to sell the house. I’ve got to pay all the people who worked on the house. That’s the bottom line here.”