A foreclosure action is a lawsuit very similar to the kind of foreclosure action that banks file when a mortgage is not paid. This isn't something that you should do this without an attorney as it is a very complicated process. If you are a corporation in many states you do not have the right to file a lawsuit without an attorney. As the past Chair of the American Subcontractors Association Attorneys Council I have great attorney contacts across the country. If you would like to find an attorney that can help you do this, please feel free to contact me via email (in my profile). I will be happy to locate an attorney in your state to help you (of course I do NOT charge for that) I have also written some articles for the Builders Exchange Magazine you may find helpful. You may find them at http:/ohiolienlaw.com/bx/resources.php . You may also find it useful to review your state's statutes. Here is a link to Ohio's Mechanic's Lien Statute. http://codes.ohio.gov/orc/1311 . I hope that this helps.
A mechanics lein is on the property and it can last till the property is sold or the lein is paid.
Yes. You can file a lawsuit to challenge the lien or you can wait for the claimant to sue to enforce the lien and challenge it then.
Absolutely yes.
Yes, you can file a lien against the property. The estate will have to clear the claim.
Yes, a company can file a mechanics lien against property if the builder of the barn owes them money. This can be a nightmare. To get rid of the lien, a property owner might have to pay the lien holder and then sue the builder for return of funds. This tactic is not fair to the property owner because, if the builder was already paid for the barn, the property owner now has to pay double.
Sure, just ask the mechanic not to lein on it.
Talk to someone at your local court house about a mechanics lien
Depends upon the wording of the law in your particular state but usually, no. The seized property itself is the collateral for the amount owed - and in most cases is (or should be) worth more than the amount of "mechanics" lien.
Try the link below for filing a mechanics lien in Illinois.
You don't. A Mechanic's Lien is a legal instrument that can be used by a contractor, business or person who has made improvements to real property. For example, a company installs windows in a house and the homeowner who contracted the service does not pay the bill, the contractor can then file a Mechanic's Lien against the property where the windows were installed by recording the lien in the land recorder's office in the county where the property is located. That is actually not true. A mechanics lien is a lien that can be put on any type of vehicle due to an unpaid bill for the services that you receive. For instance, if you take your vehicle to a shop and then fail to pay them, they can put a mechanics lien on it until the balance and services are paid for in full. That is why it is called a "mechanics" lien. If you are not a licensed mechanic, you cannot put a mechanics lien on anything. However, you can go to your local county courthouse to file a standard lien.
A mechanic's lien is a claim on the property which a specialized worker (plumber, electrician, auto body repairman, etc.) has at common law (no contract needed) for the work he or she did.
A tax lien does not stay with property, it follows the person. (State and Federal Tax Liens) Other types follow the property....Abstracts of Judgment, Mechanics Liens.....also voluntary liens such as Deeds of Trust, those follow the property as well.