How to Determine if a Mechanics Lien is a Valid Lien

How to determine if a mechanics lien is a valid lien

When a mechanics lien is filed on your property, do no panic. First, you have to determine if it is a valid lien. Claims for unfinished work or material supplies that were delivered but not included in the original plan or contract are deemed invalid claims. Get expert advice from an attorney who can help you confirm validity of such lien.

As we have discussed in some of the articles in this category, lien claims also becomes invalid for not meeting the timelines for filing the claim. We have prepared a preliminary list of important details for you to check for erroneous filing of mechanics lien claims in relation to timetables. The checklist below will determine if the claimant followed such required timelines.

Lien Requirements Checklist

1. Begin to check if you have received the Preliminary Notice within the specific time frames. As we have discussed in some of the other articles in this category, remember direct contractors and laborers do not need to file preliminary notices.

A material supplier or subcontractor is given only 20 days after delivering supplies and beginning work to deliver and serve you a Preliminary Notice. Once late, the claimant loses lien rights. Furthermore, the claim against your property for work done or supplies delivered has a validity of 20 days before the notice was given and covers anytime thereafter. If they are claiming beyond this, it would be an invalid claim.

2. Check and be sure if the Notice of Mechanics Lien has the lien claim. The lien claim should include;

a. The specific amount claimed
b. The service rendered or materials supplies and products delivered
c. The name and address of the employer
d. The name and address of the property owner
e. The date and description of where the work was done or where the material supplies and products were delivered
f. The name and address of the claimant
g. An Affidavit for proof of service singed and completed by claimant

3. You can also check further if the lien claimant filed the mechanics lien within the legal time frame. Failing to record the mechanics lien within the appropriate time frame makes the lien invalid. The lien claimant must record the mechanics lien within 90 days (shortened if the owner files a Notice of Completion):

a. Upon completion of work
b. When the property owner use the improvement
c. When the property owner accepts the improvement

However, this is difficult to verify, in cases where the homeowner often occupies the residence while construction is in progress. Get legal assistance from an attorney at this point.

4. Verify with your local superior court if the material supplier of subcontractor filed a timely lien property foreclosure action. A lawsuit to foreclose a mechanics lien is known as the lien foreclosure action. The law also provides that the lien claimant is only given 90 days to file a lien foreclosure action from the date that he or she recorded the mechanics lien. There are cases where the potential valid lien becomes invalid due to the failure in meeting this requirement.