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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35362
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I have recently in the last week, filed a mechanics lien on

Customer Question

I have recently in the last week, filed a mechanics lien on a property in Arizona that we completed work on. It is a vacant residential rental property that is now listed for sale with a realtor. My company did painting work on the property. The owner is refusing to pay. The current amount of the lien is $1300.
1) Can I renew the lien when the 180 days is up? Or do we have to move forward with foreclosure proceedings on or before this deadline?
2) The owner says she can put the money in a separate escrow account and by purchasing a bond, can sign a statement for the new owners stating the lien will not be included in the purchase of the home. How does that work?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
Under AZ law, if you don’t receive payment after filing your mechanics lien, you have only 6 months to file a lien foreclosure action to collect the lien. This is a court action. You cannot extend the lien an additional 6 months.
The owner can buy a "discharge bond" guaranteeing payment if you win the suit, and then sell the property, without satisfying your lien from the sale of the property. The lien would legally transfer from the property to the bond. You would still need to perfect the lien in court, but the money would be guaranteed to be paid to you from the bond when you win.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
Are you as to help me with this if needed in the future? And if so...what are your fees?
Customer: replied 1 year ago.
I meant are you able to help...
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I am not allowed to represent customers of JustAnswer. However, I can always answer questions for you.
If you need to sue to foreclose on the lien, you will either need to do that in small claims court or hire an attorney to assist you who is local to the court. I wish you success.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you when our communication is completed.
I wish you and yours the best in 2015,
Doug

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