In order to qualify for a mechanics lien, a construction party must furnish labor and/or materials in the improvement of property. One issue many parties face is the varying definitions from state to state of what an “improvement” is or what an “association with an improvement” means. Sometimes parties such…Read More
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A mechanic’s lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. First introduced to the United States by Thomas Jefferson and James Madison, contractors and suppliers frequently use this device to get paid or secure a contract. Requirements are technical and complex, thus typically requiring software or great discipline to manage. Get more information on these documents, including forms and state-by-state summaries, here: Mechanics Lien.
What Is an Amended Lien?
What happens when you file a mechanics lien, but then something changes? For example, what if the lien amount grows, the description of labor and/or materials provided needs modification, or if an additional party is added to the construction project? If a mechanics lien was already filed on the…
Priority battles can sometimes turn into a nightmare for mechanics lienholders. In many cases, a mortgage lender may have priority over a mechanics lien. Why? Most jurisdictions will give priority to the lender if the mortgage was recorded before the work was commenced on the improvement. Since most mortgages arise to purchase property,…Read More
The most powerful legal tool a construction party has is a mechanics lien. Filing a mechanics lien gives you a legal interest in the property you have contributed work to, which allows you to foreclose on the property. Because you have a property interest, you are afforded due process protection….Read More
The start of a new year is an excellent time to look back on the past 12 months and make changes that will result in benefits for throughout upcoming year. Instituting a thorough preliminary notice policy is a great way to start off the new year on the right foot.
What Is a Notice Policy?
A notice policy…
The end of the year is upon us! December really came out of nowhere, like an unexpected snowball. With the holidays around the corner, now is the time to get organized! Read on for tips on how to reduce unpaid and outstanding invoices (and get paid) before the end of the year.
You’ve filed a mechanics lien. Your deadline to enforce (or foreclose) the lien is approaching, and you still haven’t been paid. But you’re not ready enforce the lien — you just need a little more time to collect.
Sound like you?
You’re not alone. The good news is, some states allow lien…Read More
This post is part four in our four part Mechanics Lien Horror Story Series throughout the month of October. Didn’t think liens could be spooky? Think again.
Click here to read part three
Doctors Venkman, Stantz, Spengler and Zeddemore have just finished exterminating another ghoulish infestation at the Sedgewick Hotel. Perhaps their encounter…
Mechanics liens are powerful tools to secure payment, but when there’s not enough money to go around, it may ultimately be a lien’s priority that determines whether or not the lien claimant will be paid. Priority battles can be a messy, and in some cases can be a winner take all…Read More
This post is part three in our four part Mechanics Lien Horror Story Series throughout the month of October. Didn’t think liens could be spooky? Think again.
Click here to read part two
You’ve been working on developing property for a new, soon to be bustling development in North Dakota. You have a…