I highly recommend that you see a qualified construction law attorney at once. The process is much to complicated to do pro se (represent yourself). Keep in mind that the statue of limitations of foreclosure of construction liens is 8 months (in WA) so act quickly!
A mechanic's lien is often confused with a New Jersey construction lien. Foreclosure of a construction lien is an action brought in Superior Court by the lienor (the person or company who filed the lien). In the action, the lienor seeks to recover amounts owed for construction services or materials supplied to the owner (or contractor if the lienor is a subcontractor). The "foreclosure" part of the action is an action to foreclose on the property and, if the lienor is successful, forcing of a sale of the property, the funds from which are used to satisfy the lienor's amount due.
Yes. The foreclosure lawsuit is called Lis Pendens and requires an attorney. The Lis Pendens must be filed within 365 days from the date the lien was recorded.
No
Check this post, it talks about liens and foreclosure. http://www.foreclosedpropertiesdata.com/blog/foreclosure-help/how-liens-can-lead-to-foreclosure/
A Claim of Lien is a formal and recorded notice that a lien has been placed on property. In Florida, if the lien results from improvement made to a personal residence the lienor may take action to enforce the lien, which can include foreclosure on your home and a forced sale on the court house steps. A construction lien "expires" or becomes unenforceable 365 days after it was recorded. If you receive a Claim of Lien take it very seriously, do not ignore it, speak to a Florida attorney with proficiency in construction law.
It may be accelerated and payable from the excess proceeds of the auction held by the first lienor in foreclosure, if there is any excess. --- improve the answer: If seond lien is not a superior lien (e.g. Tax lien is superior than MGT lien), when the first lien is foreclosured the second lien will be washed out --- Not exists any more. However, a superior lien, even a second lien, will still survive the foreclosure process which means the property owner (who has bought the property during foreclosure) still needs to pay.
Liens for property taxes have highest priority in a foreclosure regardless of when the lien was filed.
In Tennessee, the lien that was properly recorded first in the Register of Deeds Office for the County where the property is located is the superior lien and will be paid before all others, even if a junior lienholder initiates the foreclosure proceeding.
The foreclosure of a condominium unit upon which you hold a mortgage should proceed like any other foreclosure.
Yes. A foreclosure of a senior lien will eliminate your interest. I suggest you see a real estate attorney right away if you are facing such a situation (see the phone book for lawyers who offer "free consultations").
See a construction law attorney and have a lawsuit for foreclosure of lien initiated. I do not recommend filing your own lawsuit--they are quite complicated and attorney fees can be collected if you win.
If a foreclosure is necessary for a 2nd home, will a lien be put on the first home?