Frequently Asked Questions
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1. What is a mechanic’s lien?
A lien is a legal hold that is placed on any item of value, usually a property or a car, that states that the item can not be sold or used as a collateral for a new loan until the previous obligation is fulfilled. A mechanic’s lien is placed by a “mechanic” on a property. Anyone who performs work which improves the value of a property, such as a contractor, plumber, or even the supplier of work materials, can place a mechanic’s lien on a property. Until this debt is paid, the owner will be unable to sell his property.
2. When can I file a lien?
A lien can be filed at any time while the work is taking place or while you are supplying the materials, but must be filed within 8 months after the completion of the work/ materials supplied for a commercial or multifamily property and within 4 months of completion/ materials supplied for a single family home.
3. How do I file a lien?
Lien Express handles all aspects of filing the lien. All you need to do is provide us with the completed application form, and we’ll take care of the rest, including notifying the homeowner that a lien was filed on his property.
4. Can anyone place a lien on a property?
In order to place a lien on a property, you need to have actually improved the value of the property in some way with your work. For example, an interior decorator which merely advises on fashion options would not be able to use a lien to collect unpaid dues. However, a window installer, a roofer, and a painter who visibly augment the value of the home would be able to place a lien on the property they improved.
5. What are the benefits of filing a lien?
A lien essentially places a property owner in a stronghold lock, tying their hands behind their back, making any money that they could possibly get from their home, either through a sale or new loans, unreachable and untouchable. This is not an ideal situation for a homeowner to be in, as a property is probably the most valuable asset a person will own in a lifetime. A lien forces the homeowner to re-evaluate his decision not to pay and should usually culminate in the owner paying off his debts to ensure a lien-free property.
6. How secure is a lien?
A lien is a legal stronghold, placed on the property by the courts. Any title search company, bank, or financial institution will easily discover this lien and inform all potential buyers of the lien existence or deny loan approval. As long as you follow the expiration date closely and ensure that the lien is always intact, the lien is secure.
7. Are there any risks?
As long as you posses substantial proof that will hold up in a court of law that you performed the stated work or supplied the said materials there are no risks involved. However, if you do not possess these documents or are making false allegations, a homeowner can sue you for curtailing his ability to gain financially from his property, and you can receive heavy fines for these offenses. You are placing the lien on the property. As such, you are responsible for all legal ramifications that occur subsequent to the placement of the lien.
8. When do I need to notify the owner of the property?
Within five days before or 30 days after filing the lien, the owner of the property must be served with a copy of the lien and given notice of its placement by registered or certified mail (which is included in the Lien Express fee). If this information cannot be provided to the county clerk, then the lien will be terminated.
9. Is there any one else that needs to be notified?
If you are a supplier of materials, then the contractor or subcontractor also needs to be notified of the placement of the lien. If you are a contractor/subcontractor, the person with whom you’ve made the contract also needs to be notified via certified mail (which is included in the Lien Express fee).
10. Can other liens or judgments on the home supersede my lien placement?
The lien that you’ve placed has priority over any mortgage, judgment, or any other claim on the property that was not documented at the time when your lien was filed. Therefore, the sooner you file a lien, the higher priority your lien will have. Any claims that were made before your lien was filed will have higher priority than your lien
11. How long does a lien last?
A lien expires one year after it’s filed, unless an extension is placed on the lien. Maximum extension time is one year, and the lien can only be further extended by the courts, a judge, or justices.
12. Do all liens get approved?
- A lien can be discharged if the owner proves that he already paid the amount in full or if it appears that the claimant does not have a valid case, due to various other factors.
- A lien that is exaggerated and doesn’t accurately portray the amount that is owed will be considered void, allowing for no chance of recovery of payment or for future claims to be made. In addition, the lien filer will have to pay the owner or contractor for any damages that have occurred, including any bonds given over to discharge the lien, attorney fees, or any other expenses paid.
13. How does Lien Express work?
The Lien Express process is simple: you provide us with the completed application form, and we take care of the rest, including determining block and lot number based on the address that you provided and ensuring that the filing is done accurately and expediently.
14. How long does the process take?
Lien Express offers expedited, same day service, if required, for all standard liens, assuming all necessary information is supplied in a timely manner.
15. What is a Lien Satisfaction?
When the customer pays up his obligation, it is your responsibility to remove the lien from his property. This is done by contacting us to file a Lien Satisfaction.
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