Can I File An Extension To A Mechanic’s Lien?
On December 3, 2010
By Scott Wolfe Jr
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Last month, I posted an article title “How Long Will A Mechanic’s Lien Cause Havoc? Not Very.“ The point of post was best summarized by a quote from the Refinance PA Mortgage Blog, which provided as follows:
There is a misconception that once a lien is filed or recorded against a property, it remains there indefinitely, similar to a deed or mortgage.
In other words, mechanic liens expire, and in some cases, they expire quickly. This begs a question that folks frequently ask me: Can I extend the lien?
Unfortunately, the answer to this question depends on the state where the lien is filed. In some states, like Louisiana and Washington, a mechanic lien’s effectiveness cannot be extended. In other states, like California or New York, there are mechanisms available to extend the lien for a certain period of time.
I read a great article this week by David Barnier, a California construction attorney who published an article on Download-Construction-Forms.com. The article – Extending Your Deadline To Sue To Enforce Your Mechanic’s Lien – discusses the remedies available to California lien claimants who are looking for more time to enforce a claim.
There’s great reason to look for this additional time, as a California lien expires after just 90 days of filing! According to Mr. Barnier’s article, a lien claimant has two choices here: (1) Get the owner to agree to a lien extension; or (2) Record a second lien if the recording deadline has not passed.
In other states (like New York), the process is much easier. In New York, the lien claimant can get a one year extension on their lien by simply filing a lien extension (see summary from attorneys at levy-law.com here).
Did you know? When you file a mechanic lien with Zlien or use our LienPilot to manage your deadlines, you’ll get a warning email before your lien expires. This gives you time to file an extension (if its available), or to contact an attorney to foreclose on the claim.
Related posts:
- What Happens After You File A Mechanics Lien
- You May Only Get One Shot To File Your Mechanics Lien
- Can I File a Mechanics Lien For This?
- Mechanics Lien – Is it like a Mortgage? Yes and No.
- Who Can File Construction Liens in Wisconsin?
About the Author: Scott Wolfe Jr
Scott is the founder of Zlien, a nationwide mechanics lien and preliminary notice filing service. Zlien publishes the Construction Lien Blog, and has done so since 2007. Scott has been a leading contributor and author on the blog since it's initial publication. Scott is also the founder of Wolfe Law Group, a construction law firm that practices along the West Coast and in Louisiana. He lives in New Orleans, LA, where he was born and raised.
Thanks for your post. One other thing is that individual states have their unique laws that will affect homeowners, which makes it quite difficult for the our elected representatives to come up with a new set of rules concerning foreclosed on householders. The problem is that each state has own regulations which may have interaction in an unfavorable manner when it comes to foreclosure insurance plans.
[...] in regards to extension, we have a specific post on this topic: Can I File An Extension To A Mechanic’s Lien? The reader’s digest version of this post is that lien extensions are only available in a [...]
[...] he’d forgotten to renew the lien” against the property. In New York, of course, mechanics lien claimants are authorized to file lien extensions, if they are filed properly and on-time. Related [...]