how does a mechanics lien force a forceclosure on a residential property?
State/Country relating to question: Delaware
just research on line. sometime confusing
A lien does not stay effective forever. In Delaware, after filing a lien, you must file a lawsuit 180 days after completion of the project by the general contractor, and 120 days from completion of the work by each subcontractor or material supplier. That lawsuit seeks to foreclose the lien. If you win that suit, you will receive a judgment in foreclosure, and that judgment will direct the Sheriff to sell the property at public sale.More information here: http://www.nationallienlaw.com/PDFs/Delaware/Delaware_Lien_Law_Summary.pdfI hope that answers your questions. If you require more, or if you feel that you cannot rate this answer with at least a "3" kindly continue the conversation, and I'll do my best to provide further information. Otherwise, please rate the question accordingly to close this thread. Best wishes.
if the contractor did the work in august 2011, can the contract file a mechanics lien?
If the contractor in question has a contract directly with the owner, and has furnished labor and materials to the structure, he must wait ninety (90) days before he may file a statement of claim. The contractor then has thirty (30) days from the expiration of the ninety (90) day period to file his lien. Otherwise, a claim statement must be filed within ninety (90) days of of the completion of labor or from the last date of delivery of materials. DE Tit. 25, § 2711Therefore, if no statement of claim or lien has been filed to date, it seems he is out of time.
i am confused when you use the language "statement of claim". is statement of claim the same as taking me to JP court in DE. does doing that satisfy the time line or is filing a statement of claim=filing a mechanics lien?
From the article I gave you he link for:A mechanic’s lien in Delaware is a called a “Statement of Mechanic’s Lien” or “Statement of Claim”. You have two options as to its filing. You can file a “stand alone” mechanic’s lien that is not included in a lawsuit or complaint to foreclose. Or, as is more common in Delaware, you can include the mechanic’s lien into your lawsuit or complaint. If you do the latter, the “Statement of Claim” is contained in the introductory provisions of the lawsuit. Whichever document you use, it must be filed in the office of the Prothonotary of the Superior Court in and for the county in which the project is located, and within the time frame required by the statute.
18 years of experience.
You are very good. I have two contractors one for restoration services and restoration of house that has done poor work and damages to my property. Both of these I held their checks because of the damages theyhave done to my property. I have experts that will attest and pictures of the damages and reports of the bad work. Both contractors are suing me in JP Court. I am wondering if they both can file mechanics liens against my property if they loose in JP court. It appears that process is independent of JP court system. However, I did notice that they can file a mechanics lien without filing a lawsuit. Did i interpret this right
Yes they can, but they must observe the statutory time frames. One day late, and they have lost the opportunity. Best wishes and good luck!
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