An attorney or lawyer with our law firm will be happy to answer your mechanics lien questions and concerns.
While most business owners who perform services on, or supply materials for, real property and the fixtures on such property know that a mechanics lien may offer them a remedy for a debt owed for such services or goods, a great majority may not be aware of the strict legal technicalities associated with pursuing a mechanics lien claim.
A mechanics lien is a creature of statutory law for a claim for value of labor, materials, or equipment used in the improvement of real property. It attached to the real property creating an encumbrance on the property and a possible right to foreclose on the property to satisfy the claim from the proceeds of the sale of the land.
A mechanics lien is generally available to:
Many of the technicalities of a mechanics lien, however, are associates with its "perfection," properly encurmbering the property in strict accordance with statutory requirements.
Most mechanics lien statutes have a surprisingly short deadline by which the lien must be filed and served after the services, materials, or equipment have last been provided. If a mechanics lien is not filed and served within such time the right to do so is forever lost. While being patient or playing "nice," a contractor or materials supplier can easily miss the deadline to file and mechanics lien. Communicate with an attorney in the state where the lien is to be filed to learn the length of the filing deadline
Once a lien is filed, the claim still must be brought before a court. Again, there is generally a deadline by which a suit to foreclose on the lien must be brought, which is in effect to file suit against the debtor with the possibility of having the real property foreceably sold and the proceeds from the sale applied to the judgment amount.
Different state jurisdictions impose different deadlines for filing the lien and for foreclosing on the lien, as well as widely different procedural requirements for filing and the lien.
Because of these strict deadlines and procedures, mechanics liens are not always the preferred method for collecting a debt related to real property. But when it is, it can be an effective remedy if done properly with the guidance of a lawyer or attorney.
For further information, please do not hesitate to contact us by e-mail or by requesting an appointment.
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Small Business Law Firm of Payne & Associates, LLC
Serving South Carolina: Charleston, Columbia and Greenville.
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