Featured News 2013 Mechanic’s Lien Claims

Mechanic’s Lien Claims

A mechanic's lien claim is one that has to do with the security interest in the title to property. Essentially, it is a security that will provide for any debts that are created after workers provide the necessary services to erect or repair a building. Mechanic's lien allows the people who supplied labor or materials to improve the property to take a security interest in the title.

This lien exists in both real property and personal property arrangements. When it comes to real property, it is typically called construction lien. It can also be called materialman's lien or supplier's lien. Sometimes lawyers will refer to the arrangement as laborer's lien or as design professional's lien if the person with the security interest was an architect or designer.

When it comes to personal property, this legal arrangement can be called an artisan's lien. With personal property, artisan's liens are a created by operation of law. TO maintain a lien in the past an artist had to retain possession of the article until he or she was paid. 34 states have statues that provide for a mechanic's liens on personal property. These states often modify the common law rules.

Many people can benefit from a mechanic's lien, including laborers, HVAC contractors, plumbers, mechanical contractors, carpenters and electricians who work to improve the property. Also, lumber yards that are supplying the lumber for the project, as well as plumbing supply houses or electrical suppliers can gain a lien on the home. Architects and civil engineers who drew up the plans and specification can also be given interest, or those that create specialty items that are eventually incorporated into the project.

Mechanic's liens are only enforceable if they are "perfected." This means that the holder of the lien is required to comply with the statutory requirements for maintaining and enforcing the lien. The holder will need to provide preliminary notice to the property owner disclosing the entitlement to the lien, and file notices of commencement of work. The holder will also need to file notices about the intention to file for a lien if unpaid for work, and file a lawsuit to foreclose the lien within a specified amount of time.

Mechanic's liens are only enforced through judicial foreclosure sales. This means that the parties must go to court and perform a hearing that is similar to a mortgage foreclosure. The court will need to determine that the requirements of the statute have been met and that the mechanic's lien takes priority over other liens on the title. Once that is determined, the court will order that the property be sold and the proceeds of the sale applied to the liens on the property.

Liens are only permissible for the value of the reimbursement of goods and services that were not paid. This means that if the property is sold the mechanic's lien holder will get full reimbursement from the property as appropriate. Normally, the lien holder has to file a lawsuit in order to receive the finances owed. If a mechanic's lien holder does not sue to enforce the lien, he or she still has the right to sue for the unreimbursed costs for labor or materials.

If you are a contractor that wants to enforce a mechanic's lien, or if you are a homeowner who wants to work through a mechanic's lien or negotiate with contractors. Contact an attorney today if you want more information about real estate lawsuits and mechanic's liens or need a legal representative to help you enforce your rights. Use this directory to find someone near you!

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