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A foreclosure action is a lawsuit very similar to the kind of foreclosure action that banks file when a mortgage is not paid. This isn't something that you should do this without an attorney as it is a very complicated process. If you are a corporation in many states you do not have the right to file a lawsuit without an attorney. As the past Chair of the American Subcontractors Association Attorneys Council I have great attorney contacts across the country. If you would like to find an attorney that can help you do this, please feel free to contact me via email (in my profile). I will be happy to locate an attorney in your state to help you (of course I do NOT charge for that) I have also written some articles for the Builders Exchange Magazine you may find helpful. You may find them at http:/ohiolienlaw.com/bx/resources.php . You may also find it useful to review your state's statutes. Here is a link to Ohio's Mechanic's Lien Statute. http://codes.ohio.gov/orc/1311 . I hope that this helps.
In order to foreclose on a property, one must first stop paying the mortgage. The bank will then repossess the house, and try to get rid of the home at a lower price in hopes to recoup some of their lost funds.
I am an attorney in Cleveland, Ohio. A large part of my practice isconstruction law and mechanic's liens, so I will speak from the position of Ohio laws. Although the answer will likely be similar in other states, you will need to contact an attorney in your state (including Ohio) if you want an answer that not only fits the law of your state, but your particular facts. Mechanic's liens have a limited life, Ohio, unless you take some action to remove them, 6 years from when they were filed. Other states are much shorter. I assume that some states' liens last longer. If the lien is paid and you want to remove it, the lien claimant signs a Release of Lien or a Satisfaction of Lien and files it with the Recorder for the County or Counties where the lien was originally recorded. If you are the property owner you may try to negotiate a release of the lien for less than the full face value of the lien, then follow the above steps, but be sure that you have a signed settlement and release agreement and often involve a lawyer to draft the agreement and escrow the funds to assure that they funds are actually paid and the lien is actually released. If you are the property owner, or other person with an interest in the property and you think that the lien is incorrect or you want to force the lien holder to either take action on the lien or lose it, you can serve a Notice to Commence Suit, requiring the lien claimant to take action within 60 days or lose their lien right (not their contract rights). But be careful, just because you demand that they take action (file a foreclosure action against the lien), they may not miss their deadline, they may actually file and then you are in the law suit with your mortgage lender and everyone else that has some interest in your property. As the property owner or other person with an interest, you may bond off the lien through a court procedure depositing cash or a surety bond with the Court and having the court remove the lien, giving the lien holder alternative security in the "bond" instead of the liened real estate. Mechanic's liens are a very technical and highly litigated legal process. This is merely a general statement as to the process in Ohio. The answer may differ if there are different facts than I assumed in giving my answer. To assure that you have properly performed all things necessary to protect yourself, you need to talk to a local attorney to properly advise you. If you need a referral to a construction attorney in your state, please feel free to email me. I am a member of American Subcontractors Association's Attorney's Council and have a great many contact across the country. There is no charge for a referral. I have attached a link to some of the articles I have published in the Builders Exchange Magazine on Mechanic's Liens and construction related topics.
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How long does a mechanics lien last in South Carolina?
A mechanics lein is on the property and it can last till the property is sold or the lein is paid.
Can you dispute a mechanics lien on your property in Arkansas?
Yes. You can file a lawsuit to challenge the lien or you can wait for the claimant to sue to enforce the lien and challenge it then.
Can a mechanics lien be attached to a property that's in a trust in California?
Absolutely yes.
Can you file a mechanics lien if the person is now deceased?
Yes, you can file a lien against the property. The estate will have to clear the claim.
Can a company file a mechanics lien against your property if the builder of your barn owes them money?
Yes, a company can file a mechanics lien against property if the builder of the barn owes them money. This can be a nightmare. To get rid of the lien, a property owner might have to pay the lien holder and then sue the builder for return of funds. This tactic is not fair to the property owner because, if the builder was already paid for the barn, the property owner now has to pay double.
Can you legally rent a property that has a mechanics lien?
Sure, just ask the mechanic not to lein on it.
How do you file a lien against an automobile left on your property that you had put work into without getting paid?
Talk to someone at your local court house about a mechanics lien
Can you charge interest on a mechanics lien?
Depends upon the wording of the law in your particular state but usually, no. The seized property itself is the collateral for the amount owed - and in most cases is (or should be) worth more than the amount of "mechanics" lien.
How do you file a mechanics lien in Illinois?
Try the link below for filing a mechanics lien in Illinois.
How do you put a mechanic's lien on a motorcycle?
You don't. A Mechanic's Lien is a legal instrument that can be used by a contractor, business or person who has made improvements to real property. For example, a company installs windows in a house and the homeowner who contracted the service does not pay the bill, the contractor can then file a Mechanic's Lien against the property where the windows were installed by recording the lien in the land recorder's office in the county where the property is located. That is actually not true. A mechanics lien is a lien that can be put on any type of vehicle due to an unpaid bill for the services that you receive. For instance, if you take your vehicle to a shop and then fail to pay them, they can put a mechanics lien on it until the balance and services are paid for in full. That is why it is called a "mechanics" lien. If you are not a licensed mechanic, you cannot put a mechanics lien on anything. However, you can go to your local county courthouse to file a standard lien.
Parameters of a mechanics lien?
A mechanic's lien is a claim on the property which a specialized worker (plumber, electrician, auto body repairman, etc.) has at common law (no contract needed) for the work he or she did.
Does a tax lien stay on property forever?
A tax lien does not stay with property, it follows the person. (State and Federal Tax Liens) Other types follow the property....Abstracts of Judgment, Mechanics Liens.....also voluntary liens such as Deeds of Trust, those follow the property as well.
