Tag: Lien Foreclosure

  • Construction Liens: Are There Any Downsides? What Do You Think?

    Earlier this month attorney Bill Fig published an article in the Oregon Daily Journal of Commerce titled “The downside of construction liens.”  In it, he argued that industry participants “do not fully understand the ‘foreclosure piece’ of the lien process” and “rely too heavily on the payment protection they perceive a lien provides.” Bill Fig,…

  • Idaho Mechanics Lien Law: Court Rules on What Party Must Be Named

    One of the most basic features of a mechanics lien is that it enables unpaid contractors and subcontractors to get the money they are owed for furnishing labor and/or materials to a construction project.  But what happens if the property owner for whom the subcontractor furnished labor or materials sells that property to a different…

  • California Mechanics Lien: 4 Gray Areas In The Lien Law

    Do you have mechanics lien rights?  This is a very complex question in any state as all lien legislation is riddled with gray areas and legal rule exceptions. The California legislature just finished two years of amendments to the state’s mechanics lien laws in an effort to stamp out confusion, yet there are still ambiguities…

  • Mechanics Liens: Can You File A Mechanics Lien Foreclosure Lawsuit Without An Attorney?

    If unpaid on a construction project filing a mechanics lien is a best-practice, as mechanic liens are usually successful at getting construction debts paid. In fact, based on a survey we conducted last year, over 64% of mechanic liens are paid within just 90 days of filing without any further legal or collection action whatsoever.…

  • New York Liens – How Long Are They Effective?

    Another day, another post about how long a mechanic’s lien stays effective.  Today, we’ll take a quick look at New York – one of the states in which a lien may be extended.  The time period in which an action to enforce a mechanic’s lien must be initiated is necessarily congruent with the period of…