The
mechanic's lien holder disputed the foreclosure, arguing that the property could not be foreclosed upon after the original borrower met its debt obligations by giving the lender the deed in lieu.
generally retain its priority over a
mechanic's lien.
Contractors and suppliers cannot obtain
mechanic's liens on public projects but can assert bond claims on projects in excess of $25,000.
On July 1, 2008, plaintiff filed a verified complaint for foreclosure of its
mechanic's lien and alleged a breach of contract.
The court must determine whether the requirements of the statute have been met and, if so, the priority of the
mechanic's lien being foreclosed relative to the other liens or encumbrances on the title.
Miller Const Co, Inc v McGinnis, (15) the first district barred a contractor (who failed to provide a written contract and a consumer pamphlet) from recovering under its
mechanic's lien.
Everything you need to know in 60 minutes about the complex relationship between state
mechanic's lien law and federal bankruptcy law and how you should be advising your clients who are enforcing
mechanic's liens on the property of debtors that have filed for bankruptcy
Because the oath in the December 18, 2007, statement was not administered in accordance with the statute, the appellate court ruled that the statement was noncompliant with section 5 and accordingly, that the trial court did not err in dismissing plaintiff's request to foreclose on the
mechanic's lien.
NY County 1933), a
mechanic's lien had been discharged by filing a bond.
The law, which became effective July 1, 2013, strengthens the efficacy of NMVTIS by promoting the use of NMVTIS Prospective Purchaser Inquiries (PPIs) as part of the tow lien and
mechanic's lien process and codifying in Florida statute reporting requirements for the salvage and towing industry.
According to Abbott, Casa Linda Homes sold residential properties encumbered by different liens, including liens for delinquent property taxes; liens of a third-party lender; or
mechanic's lien for labor or materials used to improve the property.
The work has been done and the contractor can threaten to file a
mechanic's lien against the building, which the building owner will not be happy about.