By Julie Manganis
Staff writer
—
MARBLEHEAD — The owners of a Marblehead oil dealer accused of unscrupulous business practices have agreed to release dozens of liens wrongly slapped on homeowners all over the North Shore and will pay a civil penalty to settle a complaint brought by the attorney general.
Astrofuel, which also does business under the names Anchor and Apollo, agreed to abide by a consent judgment that calls for owners Anita and Peter Davekos to pay $20,000 in civil penalties, and to release the liens that Anita Davekos improperly filed on the properties.
Half of the penalty is to settle an allegation that the company violated a 2004 agreement with the attorney general over failing to honor fixed-price heating oil contracts.
They have also pledged not to engage in the kind of business practices that got them into trouble with the attorney general, such as failing to disclose fees and other charges to customers, failing to disclose how customers could cancel their contracts or dispute bills, and doing business in local communities under a variety of names without filing certificates with the city or town.
As part of the deal, the company will not be held liable for violations of the state's consumer protection statute that were alleged.
Two weeks ago, 124 of the liens that were filed at the South Essex Registry of Deeds were formally released by the Davekoses, at a total cost to them of $9,200.
The Salem News first reported last year on the unusual and allegedly illegal practice by Anita Davekos of filing mechanic's liens against the owners of homes where the company had delivered fuel.
Nearly 150 homeowners — most of whom weren't even aware of the liens — had their property titles clouded by the filings, which demanded amounts ranging from several hundred to thousands of dollars.
The liens purported to be for work done on oil burners — something homeowners interviewed by the newspaper say never took place. That's because the state mechanic's lien statute only allows liens against property to be sought for work done on the permanent structure, such as a remodeling or major repair to a heating system, and not for products like heating oil.
Homeowners like Jacqueline Wilkins of Salem had simply disputed bills for oil deliveries that they either never requested or that took place after they tried to cancel their contracts.
Wilkins said this week that while she's pleased that the liens, including one against her property, are now removed, the agreement doesn't go far enough to hold the company accountable.
"I don't think it's enough," said Wilkins, who has also filed a class-action lawsuit against the company. She had hoped the company would be held more accountable, particularly to homeowners who sustained damages, like one whose oil tank burst.
While the Registry of Deeds became aware of a pattern of suspicious liens even before Wilkins discovered the one on her property, there was nothing they could do, Assistant Register Kevin Harvey said.
"We were very much suspicious that there was an issue," Harvey said. But the Registry of Deeds does not have legal authority to investigate the validity of liens.
And it was powerless to remove the liens without the permission of the Davekoses.
The Registry has posted the list of liens that have been removed on its website, http://salemdeeds.com/pdf/AstroReleaseLiens.pdf. Homeowners who do not have Internet access can check to see if their lien has been removed by calling 978-542-1704.
State Rep. John Keenan, D-Salem, has filed legislation that seeks to enhance the potential penalty for filing an illegitimate lien, would shorten the length of time a contractor has to go to court and prove to a judge that the lien is valid (a process called "perfecting" the lien, something that the Davekoses did not do), and require that contractors sign applications for liens under pains and penalties of perjury.
Richard Camann, a lawyer for the company and the Davekoses, did not return a call seeking comment.
