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Indiana Weighs In On Mechanics Lien Claimants Who Identify Themselves Incorrectly

What’s in a name?  In the mechanics lien world any tiny mistake can invalidate an entire claim, and surprisingly over the past year, claimants have been misidentifying themselves quite a bit across America. If a claimant incorrectly identifies themselves in a lien claim or a notice is that cause to invalidate it?  How big of […]

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New York Mechanics Lien Invalidated Because Claimant’s Name Slightly Incorrect

Last week, the Supreme Court of New York (New York County) invalidated a mechanics lien in an unpublished decision because the document just barely misidentified the claimant. It is a risk we warned about and called potentially “harsh” last year when writing about a similar California case, although the court in that case forgave the claimant’s […]

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Mechanics Liens: Identifying Parties In Lien Claims

A little while ago, I posted a short article discussing the requirement of identifying the property on which a mechanic’s lien is claimed.  How detailed that description must be varies from state to state, and runs from a full legal description, to merely a municipal street address – or potentially even less.  Another mechanic’s lien […]

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New York Exaggerated Lien Claims More Difficult To Prove After Recent Appeals Case

In New York, as is the case in almost every state, the party filing a mechanics lien must do so truthfully. The mechanics lien statement must always be signed, and oftentimes must be notarized and verified, indicating that the facts and figures set forth therein are true and correct.  This extends, of course, to the […]

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More Problems With Misidentification of Lien Claimant in Mechanics Lien

Who are you?  Seems like a simple enough question. You’d be surprised how often mechanics lien claimants wrongly identify themselves in a mechanics lien, and you may even be surprised how often this makes a difference. The issue was addressed recently in Connecticut, and a mechanics lien claimant in that state lost its lien claim […]

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3 Ways To Get Burned Filing Your Own Mechanics Lien

No one goes to medical school to learn how to file a mechanic’s lien.  It isn’t brain surgery. Claimants must be careful, however, because mechanic lien laws are hyper-technical and there are many traps for the inexperienced and the do-it-yourselfers. In fact, as an example of one of these traps, we previously wrote a post […]

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Connecticut Court Forgives Small Error In Mechanics Lien

Mechanics lien statutes are complex and technical, and they get mixed treatment by courts across the country with some courts very strictly construing and others very liberally construing the statutory requirements. It’s because of these varied restrictions that filing a mechanics lien can be a treacherous affair, and folks are at risk to make common mistakes […]

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Mechanics Lien Rumors Cause Problems

Mechanics Lien Rumors Are Not Mechanics Lien Laws

Granted, mechanics lien laws are complex. It’s still surprising to me how many folks out there think they know everything about the lien laws when they in fact know little to nothing at all. This is a huge problem in the marketplace. Many companies rely on these misconceptions to their detriment, and wind up with defunct […]

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5 Things People Have Wrong About Mechanics Liens

Little in the law is as misunderstood as the mechanics lien instrument. We’ve dedicated some entire sections of this blog to trying to lift this fog, such sections being devoted to analyzing Common Mistakes and Lien Errors. While each state has its own mechanics lien rules and, therefore, it’s own unique common mistakes, there are […]

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Conflicting Court Decisions Highlight Complexity Of Mechanics Lien Law

Last week I wrote about two court decisions released in April 2012, one out of California (Montgomery Sansome LP v Rezai) and one out of Idaho (Stonebrook Construction v. Chase Home Finance).  These cases presented almost identical circumstances, yet the courts reached opposite results. Summary of Idaho v. California Cases The California and Idaho cases […]

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3 Mistakes Mechanics Lien Claimants Make When Identifying Themselves

We posted an article yesterday about a California case published last month where a mechanics lien’s validity was in dispute because of the way the lien claimant identified itself on the lien. That case -  Montgomery Sansome LP v. Rezai - was very similar to a California case we wrote about a few months ago – Ball […]

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