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Procedure for Obtaining a Mechanic’s Lien

15 January, 2016 - 09:40

Anyone claiming a lien against real estate must record a lien statement stating the amount due and the nature of the improvement. The lienor has a specified period of time (e.g., ninety days) to file from the time the work is finished. Recording as such does not give the lienor an automatic right to the property if the debt remains unpaid. All states specify a limited period of time, usually one year, within which the claimant must file suit to enforce the lien. Only if the court decides the lien is valid may the property be sold to satisfy the debt. Difficult questions sometimes arise when a lien is filed against a landlord’s property as a result of improvements and services provided to a tenant, as discussed in F & D Elec. Contractors, Inc. v. Powder Coaters, Inc., Cases .