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Mechanic's Lien Quandry

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Macatoni

Junior Member
Toni In Alabama.
Unfortunately, I had to place mechanic's lien on three properties. The houses were being sold at full value before the liens were placed on them. However, once the owner was notified of the liens, she immediately significantly dropped the selling prices of the homes. In fact, she has dropped the selling price so dramatically that our lien amounts are more than what she will get out of the houses. Here's an example: One of the houses was selling for $599,900.00. After she found out about the lien, it dropped to $399,900.00. Our lien is for $250,000.00. All within a week. In our opinion, we know what's going on in this situation. It's obvious she doesn't want us to get any money. So, if the taxes are paid first, then the mortgage company, then us. . .What do we do? Is there a law against this? Will we still get our money? Thank you for your time, and I look forward to your responses.
 


I AM ALWAYS LIABLE

Senior Member
Macatoni said:
Toni In Alabama.
Unfortunately, I had to place mechanic's lien on three properties. The houses were being sold at full value before the liens were placed on them. However, once the owner was notified of the liens, she immediately significantly dropped the selling prices of the homes. In fact, she has dropped the selling price so dramatically that our lien amounts are more than what she will get out of the houses. Here's an example: One of the houses was selling for $599,900.00. After she found out about the lien, it dropped to $399,900.00. Our lien is for $250,000.00. All within a week. In our opinion, we know what's going on in this situation. It's obvious she doesn't want us to get any money. So, if the taxes are paid first, then the mortgage company, then us. . .What do we do? Is there a law against this? Will we still get our money? Thank you for your time, and I look forward to your responses.


My response:

You only have a short time limit to commence a lawsuit after a Mechanic's Lien is recorded on property. Otherwise, your lien will quickly disappear. So, file your lawsuit and have a "Lis Pendens" recorded on the property (some people refer to them as "clouds" on the title). That way, she can't sell the property at all - - at least until the litigation is completed, and that could take a few years. That might be the impetus she needs to start paying you.

IAAL
 

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