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Depending on the jurisdiction in question, it may be referred to by several names: a mechanic's lien, a workman's lien, or a tradesman's lien.
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What is a mechanic's lien?
A mechanic's lien is a claim against a real property for money owed for labor and materials. A mechanic's lien may be filed by a supplier or a subcontractor who has provided labor or materials and has not been paid. A lien must be properly filed by a claimant. It has a limited life, prescribed by statute that varies from province to province and state to state. If the lien-holder takes action within the prescribed time, the homeowner may be obliged to pay the amount claimed by the lien-holder.
How do you do a mechanics lien?
any lien is challengable in superior court or small claims, depending on amount of lien.
What is the name for claims against property?
The name for claims against property is liens.
In a previous post it was stated that a homeowners association could file a labor and materials lien entitled Assessment Lien -- does this vary from state to state interested if this applies to RI?
Yes--it applies. See a real estate attorney in your area for details.
Can a lien be filed on a house if you purchased materials and also have not been paid labor although your employer has been paid?
Yes, it is common for subcontractors and material suppliers to place liens on a house where the labor and materials were delivered and not paid for, even if the homeowners have paid the general contractor. Some states or contracts limit the liability of the homeowners by requiring the GC to indemnify them against third-party claims caused by the GC's non-performance (delays, non-payment, cancellations, etc).
What type of lien should a homeowners association file for overdue fees?
A homeowners' association would file a labor and materials lien entitled Assessment Lien. See the HOA covenants for more information on liens. I would recommend that the HOA retain a real estate attorney to prepare and file the liens.
Do material and labor supplier lien waivers need to be notarized in Illinois?
It depends, typically in Illinois, material lien waivers do not need to be notarized, however contractor lien waivers (where labor was performed) will require a notary.
Release of Labor Lien?
Release of Labor Lien(Download)STATE OF ____________COUNTY OF _______________________________, referred to as HOLDER, is the owner/claimant of that certain Labor Lien, acknowledges payment in full of the same, which was recorded at ________________ Book, Book ___, page ____ of the _________ County, State of __________, and consents to the release of the property from the lien and satisfaction of the Labor Lien on the record.Dated: _______________________________________________________________________________________, having being duly sworn to tell the truth, acknowledges the execution of this release of Labor Lien for the purposes stated herein.__________________________________________NotaryMy commission expires: ___________________Release of Labor LienReview ListThis review list is provided to inform you about this document in question and assist you in its preparation. See the notes under Release of Mechanics lien for the information about this document. This Release should be used for the release of labor liens. However, any of the releases will do as long as the specific book and page numbers are referenced in the Lien Release. Having said that, you are always better off to be the most accurate you can be to avoid any later dispute.
Is it legal to place a lien on a builders property if the builder owes you money?
It depends what the builder owes you money for. If you were a subcontractor and provided materials or labor for the property and have not been paid, you can probably file a mechanic's lien. The requirements for this vary from state to state, so you should probably check with a lawyer.
Is a caregiver allowed to file mechanic's lien?
A mechanic's lien is a lien to secure the payment of the contract price for labor and materials used in the improvement of real property. A caregiver would not fall into this category. If you are in agreement with the person that owes the money that the money needs to be paid, they just can't afford to do it at this time, you may consider using a promissory note and mortgage to agree to the amount due (note) and secure it (mortgage). There may be other means is your state, but a mechanic's lien is not one of them.
What is a Chattel lien in Washington State?
In simple terms ,a Chattel Lien is the process of a person or business taking ownership of the vehicle or vessel. They may file this lien due to services and or materials provided at the request of the owner or if they have not been compensated for the services and/or materials.
What system provided cheap labor in Louisiana?
crop lien system
