Is a mechanic’s lien against a builder valid if not on title when the home was purchased?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.