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Mechanic’s Lien Law Questions

What is the Mechanic’s Lien Law?

The Mechanic’s Lien Law overlooks the mechanic’s lien and its various aspects. There may be a lot of provisions about the Mechanic’s Lien Law that individual’s may not know. Given below are questions about the Mechanic’s Lien Law that most individuals ask.

How would an Individual Know if there is a Mechanic’s Lien on his/her Property?

In most cases, an individual may be sent a notice if there is a lien on his/her property. However, if the individual wants to make sure if the property has a lien or not, he/she may contact the local title company. The company will run a title search for a nominal fee. If there is a lien on the property, it will show up in the title search.

What can be done if a Contractor files a Mechanic’s Lien against an Individual?

As per the Mechanic’s Lien Law, if a contractor files a mechanic’s lien against an individual, he/she may not have to do anything immediately. In most situations, the contractor may have a deadline to file a claim against the individual to prove the underlying claim for the lien. If the contractor does not win the claim, the court will release the lien. If the contractor sues the individual and wins, then he/she may come to collect money on his/her lien. However, if the individual wants the contractor to release the lien, he/she may come to a settlement with the contractor at any time during the process.

According to the Mechanic’s Lien Law, can a Mechanic’s Lien be placed on a Property that an Individual No Longer Owns?

As per the Mechanic’s Lien Law, a mechanic’s lien may not be placed on a property that the individual does not own any longer. This is because the new owner of the property will not have any liability towards the individual’s debt.

What is the Statute of Limitations to File a Claim under a Mechanic’s Lien?

The statute of limitations to file a claim in order to enforce a claim under a mechanic’s lien is one year from the day the work on the property was completed.

How can an Individual File a Mechanic’s Lien on a Property for which he/she was Hired to Work on, but did not get Paid?

According to the Mechanic’s Lien Law, if an individual wants to file a mechanic’s lien on a property that he/she worked on, but was never paid for, he/she may file an affidavit of mechanic’s lien with the county clerk by the 15th of the 3rd month after the work on the property was completed. If the owners of the property do not pay even after the affidavit is filed, the individual may file a foreclosure lawsuit on the property.

According to the Mechanic’s Lien Law, an individual may sell the vehicle 10 days after the repair bill was due if a mechanic’s lien is filed on it. The sale may take place through a public auction. This means that the individual may advertise the time, date and venue of the auction in a public place. The individual may also give the vehicle owner a notice of sale at least 10 days before the actual sale.

According to the Mechanic’s Lien Law, a mechanic’s lien may not be filed on a property to stop the sale of the property. However, a lien, if filed would show up in the title search and the buyer can exercise his/her legal right to get the seller to pay it off. Hence, though a mechanic’s lien may not stop the sale of a property, it may lead to a fast payment.

Understanding what the Mechanic’s Lien Law is all about will help individuals know what their rights and duties are towards a mechanic’s lien on a property. Knowing this will help if they want to file a mechanic’s lien or defend a property from a mechanic’s lien.

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