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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37395
Experience:  16 years real estate, Realtor. Landlord 26 years
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I try put a mechanical lien but the property is sold few

Customer Question

Hello, I try put a mechanical lien but the property is sold few days ago. Can I still claim a lien on the property? because the title is not been transferred to new owner?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can I still claim a lien on the property? because the title is not been transferred to new owner?

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Are you saying that there was a signed sale contract, but the actual closing hasn't occurred yet and the property is still in the seller's name?

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If so, then yes, you still have time to file the lien on the property if you are eligible to do so and then notify the seller that you have done so. This would create a cloud on the title and force him to pay you off, or the closing company to withhold proceeds to pay you off, before clear title could be conveyed to the buyer.

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thanks

Barrister

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