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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35688
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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Im a roofing contractor. A customer is purchasing a new roof

Customer Question

I'm a roofing contractor. A customer is purchasing a new roof and wants to pay me over time. I would like to place a mechanics lien on the property and terminate the lien after I receive full payment. We have agreed to extend the payments over a 3 year period. What I need to know - how do I fillout the paperwork and submit to "records" for the lien to be binding?
Submitted: 7 years ago.
Category: Legal
Expert:  LawTalk replied 7 years ago.
Good morning,

It is not possible for me to teach you all you need to know in order to file and perfect a mechanics lien in this venue.

I suggest that you hire a company that specializes in nothing but filing mechanics/materialman liens for contractors like yourself. The cost is very reasonable and it is done right the first time.

I wish you the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

Customer: replied 7 years ago.
The fee ($30.00) is not out of line, however, if you are unable to assist me other than to tell me to call someone else, then I feel I've got nothing for my money. Do I still get charged the fee?
Expert:  LawTalk replied 7 years ago.
Good morning,

Of course you don't get charged automatically. Just don't press the Accept button if you feel that I haven't assisted you.

I would really like you assist you but the reality is that there is a whole lot to preparing and filing a lien such as the one you are contemplating. It would take the better part of a day to walk you through the process if you've never done it before. There is the lien document itself, the multiple notice requirements to the consumer--and the fact that in almost all states, you only have 1 year from the time of filing of the lien to initiate a lawsuit or the lien becomes of no validity.

Best regards,

Doug
LawTalk and 4 other Legal Specialists are ready to help you
Expert:  LawTalk replied 7 years ago.
Good morning,

Thanks for your Accept.

It occurred to me that a better approach would be to, if you want to secure your contract and better guarantee your fee, ask the homeowner to agree to a Deed of Trust to be filed on the property as collateral for the payments they agree to make. It is basically like a second mortgage but less complicated.

You would file the document with the court in the property records office and you would not be obligated to file suit almost immediately as you would with a mechanics lien.

You can probably pick up a deed of trust form from your local stationary store.

I wish you the best,

Doug

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