Well... I would suppose any argument could be made. And when the judge stops laughing you could ask him why it didn't work.
The title search gets paid for out of the closing proceeds... if the abstractor doesn't get paid that is a contract issue between the abstractor and their client - NOT the homeowner. A title search does not increase the homes value - if it did I would have my abstractors searching my house every day, over and over.
Arguably marketable title would add to the value of a home, but the title search doesn't make a home marketable, its merely evidence of the marketability.
The short answer is... if your clients aren't paying you take legal action against them and find better clients. If you think a mechanic's lien is the way to go, then you should find a good attorney - you're probably going to need one.
Best,
Robert A. Franco
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