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Find Mechanic’s Liens Lawyer

Find Mechanic’s Liens Lawyer

Mechanic’s Liens

A lien is a legal claim to another’s property based on an unpaid financial obligation. A mechanic’s lien focuses on the legal claim that may be made against property for an outstanding best related to construction or renovation work on a property.

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The Hamme Law Firm, LLC

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10 years in practice
Divorce & Family Law, Real Estate Law
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Law Offices of Buddy D. Ford, P.A.

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37 years in practice
Bankruptcy, Real Estate Law
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Benn Law Firm

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34 years in practice
Business Law, Real Estate Law
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Mitchell & Mitchell Attorneys at Law

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34 years in practice
Auto Accidents, Business Law, Child Custody, Child Support, Criminal Defense
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Scott A. Rosin P.A.

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23 years in practice
Bankruptcy, Real Estate Law
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Hoffmeyer & Semmelman, LLC

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62 years in practice
Divorce & Family Law, Real Estate Law
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Ensuring Payment For Contract Construction

Mechanic’s liens exist to ensure that contractors and subcontractors get paid for the work that they perform. It is important to understand who can file a mechanic’s lien and when as well as the benefits and consequences of receiving a mechanic’s lien.

Who Can File

Mechanic’s liens are often filed by contractors against the property owner due to a failure to pay labor costs or material costs. Additionally, not only can liens be filed by contractors against property owners, but also by subcontractors against contractors. If, for example, a contractor asks a subcontractor to acquire lumber to build a frame for a project but fails to compensate the subcontractor for the cost of acquiring the lumber, then the subcontractor can file a mechanic’s lien until the lumber costs are reimbursed.

Benefits and Consequences of Mechanic’s Liens

There are a number of benefits for filers of mechanic’s liens as well as consequences for property owners. One of the biggest consequences to a mechanic’s lien is the inability of the property owner to sell their property. The lien will appear on title checks and will turn off many prospective buyers and, depending on the state, may legally preclude the sale of the property.

For filers of mechanic’s liens, there are legal benefits and protections. The main benefit for people who file a mechanic’s lien is prioritization in bankruptcy and foreclosure procedures. In the majority of cases, a mechanic’s lien grants higher priorities than other debtors in the event of foreclosure, resulting in a higher likelihood of receiving payment.

Helping You Command The Market

If you are facing a mechanic’s lien and need help pausing or contesting the process, you will need the help of an experienced real estate law attorney. A real estate attorney is able to focus completely on your case, zealously advocate for your interests, and get you the best possible outcome.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice real estate law.

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Mechanic’s Liens Frequently Asked Questions

1. What is a mechanic's lien and how does it work?

A lien is a financial claim on the property of someone else that exists due to an unpaid debt or obligation. A mechanic’s lien is used to address unpaid labor or material costs associated with work on a property.

2. When can a mechanic's lien be filed?

A mechanic’s lien can be filed when there is an outstanding financial obligation in relation to a construction project on a property. Mechanic’s liens may be filed when a client refuses to pay the full cost of the work done by the contractor, but a subcontractor can also take out a mechanic’s lien against the contractor if the subcontractor is not appropriately compensated for their time and materials. 

3. What are the requirements for filing a mechanic's lien?

In order to file a mechanic’s lien there must be two main factors satisfied. First, there must be an agreed upon contract between the property owner and the work contractor to perform some kind of construction or renovation work on the property. Second, there must be an unpaid balance for labor, materials, or other agreed upon expenses that the owner has refused to honor. If both of these factors are satisfied, then it may be necessary to put a mechanic’s lien in the property until the outstanding balance is repaid.

4. How does a mechanic's lien impact the rights and obligations of property owners and contractors?

If a mechanic’s lien has been filed, then the property cannot be sold. The lien will appear on title searches and new buyers will not want to inherit the property’s lien when they buy the property. Additionally, the lien can result in the repossession of property or court enforcement if it remains unpaid by the client. If a mechanic’s lien has been filed against the property owner or contractor, the filer also does not have any further obligation to work until the lien is settled. 

5. What are the potential remedies available to a party who has filed a mechanic's lien?

While a mechanic’s lien is meant to be a resolution in and of itself, there are also certain privileges granted to the holder of the mechanic’s lien. The primary benefit to filing a mechanic’s lien is gaining priority among the property owner’s debtors. In general, a mechanic’s lien is considered to take priority over most other forms of debt. This means that in the event of a foreclosure or bankruptcy, the mechanic’s lien is one of if not the first party in line to get paid. 

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