Is a mechanic’s lien against a builder valid if not on title when the home was purchased?

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Is a mechanic’s lien against a builder valid if not on title when the home was purchased?

My daughter bought a house 3 years ago and just recently learned when trying to sell it that a mechanic’s lien had been filed against the property by one of the builder’s sub-contractors.

Asked on November 25, 2011 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The mechanic's lien law applies to a contractor (general or subcontractor) who has not been paid for a work of improvement on a piece of real property.

The mechanic's lien is probably invalid as to your daughter in that once a mechanic's lien is recorded on one's property, there typically is a requirement that a lawsuit must be filed within 90 days after recording.

In your daughter's situation, the mechanic's lien recorded after your daughter's purchase of the home she has pertains to a lien recorded after her acquisition of the property. If the lien pertains to the prior owner of the property, the lien would not apply to your daughter. I suggest that your daughter consult with an attorney experienced in construction law about her situation.


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