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Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

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Law Office of Roland D. Waller
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Tuesday, 19 February 2013 / Published in Real Estate, Videos

What are the Implications of a Mechanic’s Lien on My Home?

 

Video Summary

 

What are the implications of a mechanic’s lien on my home?  Well, they can be pretty severe because the way you enforce a mechanic’s lien, they are now called construction liens in that they’ve changed the name of these liens several years ago, but they are foreclosed upon. And so the implication is pretty severe. However, the construction lien foreclosure process is somewhat complicated and there are certain deadlines that have to be met in order to enforce a construction lien or have severe ramifications. 

 

Something that I run across routinely is, if someone files a lien against your property and they think well, now that’s going to get me paid.  Well, a construction lien or a mechanic’s lien must be foreclosed upon within one year of the date that is filed, and it cannot be renewed.  So many times, I advise people rather than you spending a lot of money when you don’t believe the lien is justified, just wait, if you are not going to mortgage your property or sell it, and that way, the person usually does not file a construction lien unless it’s a build or there’s a substantial amount of money involved.

 

So construction liens must be foreclosed in order to be enforced, and if they’re not foreclosed upon within a one-year period, they are no longer a lien against the property.  The people who are entitled to lien your property are people who have done improvements or material men such as the general contractor, his subcontractors or suppliers who have supplied the materials that are incorporated in your home. If you have a problem with a construction lien or a mechanic’s lien, give me a call at 727-847-2288. 

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