What are your rights if a mechanic lien is filed?

Is the filing of a mechanic's lien court process?

Yes, in order to become 'legal' the lien must be filed and recorded with the Clerk Of The Court.

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 can you find out if your mechanic filed a mechanics lien on your car?

Ask him.My AnswerA lien is filed trough your government. In Alberta Canada a registries office can look it up for a small fee.In other jurisdictions the procedure is similar.

What can liens can be filed in Ohio for non payment of cleaning services provided?

The answer depends on whether you have filed a lawsuit and won on the debt yet or whether the work you performed in cleaning was in connection with the performance of a construction contract. If you already have a judgment, you may file a judgment lien. If you performed the work in connection with the completion of a construction contract, you will have mechanic's lien rights. If the work is just regular maintenance or office type cleaning, a mechanic's lien is not available. If you have a judgment and the person that you have the judgment against owns real property you can file the judgment lien against the real property they own, whether or not it is the property that you improved. This is not true with a mechanic's lien, you can only lien the property you worked on. I have attached some articles that I have written for the Builders Exchange Magazine on Mechanic's liens that you may find helpful.

Can you have a lien put on someones own home if they owe monies from another job site?

Mechanic's lien- no.Mechanic's lien- no.Mechanic's lien- no.Mechanic's lien- no.

Does anyone have a copy of a Motion to Remove an Invalid Mechanic's Lien?

Forms that pertain to civil action of any sort can be obtained from the office of the clerk or court administrator in the county where the lien was filed or contact the clerk of the land recorder's office for specific information. In most states it is not necessary for a lawsuit to be undertaken and a judgment granted for a Mechanic's Lien to be filed against real property. However "quashing" (lifting of the lien) will need to be done through the state's prescribed court procedure.

What is the Difference between a mechanic's lien and an artisan's lien?

Artisans lien is against personal property and is possessory. Mechanic's lien relates to real property.

Can a mechanic's lien be contested in the state of Ohio?

Yes, a mechanic's lien can be contested in Ohio, in fact, the opposite is actually, that the mechanic's lien is just a security interest that a person or company who has performed labor and/or supplied materials for the improvement of real property has taken, under color of statute (it's also included in the Ohio Constitution). The lien is an affidavit claiming that all in the lien is true. But that is just the start. A mechanic's lien actually has to be proved by the claimant. The most common mistakes in a lien are the name of the owner (some case law says that this can be overcome), wrong first and/or last date of work, incorrect amount due, late filing or incorrect legal description. The last issue which if often overlooked is serving a copy of the lien on the owner within 30 days of the date it was filed with the county recorder. If it is a commercial or public project (completely different lien law for public projects) and a Notice of Commencement was filed, subcontractors and suppliers (not the prime contractor) have to properly and timely serve a notice of furnishing on the owner and possibly the contractor or they have no lien rights. If the project was a residential project, there may be a "paid in full" defense available to you, if the lien is by a subcontractor or supplier and, prior to the time you received actual service of the lien document you paid the "original" (prime) contractor in full. This does not work in every state and must be a project for a homeowner who lives in the property being liened. If you believe that there are one or more of these problems, or others, with the lien, contact a local construction lawyer that deals with mechanic's liens to help you. Often a well-worded letter or telephone call from a lawyer can get the lien removed. If that doesn't work, you can serve a "Notice to Commence Suit" forcing the lien claimant to prove their lien by filing a lawsuit on the lien within 60 days or lose it. This can also be done in connection with a process to "bond-off" the lien, removing it from the title to the property and effectively substituting a mechanic's lien bond in its place. In Ohio, mechanic's liens have relatively long lives, each one expires on the 6th anniversary of the date it was filed, so if the lien is older than that and no lawsuit has been filed the lien will still be on the record, but it will no longer be effective. Check my website. I have a number of articles and videos on the topic of Ohio mechanic's liens.

What happens if the lien is improper?

If a construction lien (or mechanic's lien, as it is sometimes referred to) is not properly filed, or has defects in the lien itself (liens are highly technical documents), it may be discharged. An attorney can bring an action to discharge a lien. In New Jersey, this can be done either through an Order to Show Cause, or by forcing the lienor to bring an action to foreclose and defend the lien.

Can a mechanic repo a truck?

Yes, provided he has a valid lien. Often, in the event of unpaid vehicle repair debts, mechanics can obtain a mechanic's lien. Repossession can be a means of enforcing a mechanic's lien.

Does mechanic's lien supersede other lienholder?

I am an Ohio lawyer, so my answer is from the perspective of Ohio laws, however, many states have laws similar to Ohio's laws. Generally speaking, mechanic's liens are in existence prior to the date that they are filed. In Ohio, the filing of the lien is essentially claiming the existing lien and the service of the lien on the owner after the filing is merely the perfection of the claimed lien. The actual priority of the mechanic's lien in Ohio has 3 different possible times of priority. Ohio, as do many states, has a requirement that the project owner file a document, here called a Notice of Commencement, prior to the beginning of any work on the project. Some project owners don't file them at all and others file them late. the NOC has several functions, one of which is the setting of priority of Mechanic's Liens. If no NOC is filed, the priority of the Mechanic's Lien dates to the first visible work on the project. There is a recent Court of Appeals case here that used the delivery of rental, high lift equipment as the first visible work. That equipment was delivered prior to the date that the property was sold to the person doing the improvement, meaning that the first visible work was prior to the date of the filing of the purchase money mortgage. ALL mechanic's liens came before the mortgage because it is not the date of YOUR first visible work, but THE first visible work (there would have been a different result if the mortgage was a construction loan rather than a purchase money loan). The third possibility is that the NOC is filed late. All work performed prior to the filing of the NOC will have a priority date of the first visible work. All work after the filing of the NOC. Those lien claimants that have performed labor and/or supplied materials both before and after the date of the filing of the NOC will only have to file and serve one lien to preserve their lien rights, but the lien will have 2 different dates of priority. Most other liens tend to have the date of priority of the date and time of the actual filing. (Ohio revised its priority law for mechanic's liens v. mortgages in April, 2007 to provide if the Mechanic's Lien and Mortgage were filed on the same day, the Mortgage will be deemed to have been filed first, unless the documents themselves provide the contrary). Similar to the mechanic's lien, UCC-1s can be filed up to 10 days after the date of the transaction giving rise to the security interest, and still have the perfection of the lien relate back to the original transaction, despite any other intervening liens. There is also the issue of the expiration or renewal of a lien. The multitude of liens have very different lengths of time that they will either last or last, subject to renewal. In Ohio, mechanic's liens last for 6 years from the date that they were filed. They will expire. Other liens can be renewed and, if renewed prior to the expiration of the underlying lien. To move up in priority, sometimes junior lien holders just wait for another lien which may have a higher priority to expire. I have attached links to some articles that I wrote which were published in The Builders Exchange Magazine on mechanic's liens and other construction law issues. If you have a question on lien priority in another state, please feel free to contact me at the email address in my profile. I will be happy to use my network of construction attorneys across the country to try to find a lawyer who knows the laws in your state to help you. Of course, there will be no charge to do that.

How long is a mechanic's lien valid in lorain county Ohio?

Mechanic's Lien Laws are the same in every county throughout the State of Ohio. A Mechanic's Lien, is a lien filed by an Original Contractor, Construction Manager, Subcontractor, Material Supplier or Laborer against the real property improved by the labor or materials of the lien claimant to secure the payment for that labor and/or material. A Mechanic's liens expire in the sixth (6th) anniversary of the date that it was filed. The six years can be shortened by the proper service of a Notice to Commence Suit which will cause the lien claimant to either assert their lien rights through a Foreclosure Action on the subject real estate within 60 days of the date that the Notice to Commence Suit was properly served or the lien will become void on the 61st day (contract rights will not be lost, only the lien rights). The lien may also be removed from the property by bonding it off. The bonding requirements, the posting of cash or a surety bond, vary depending on the amount of the lien claim. Another equally important question is whether the lien itself was valid when it was filed. There are several issues, first, what type of project is it? Is the private construction project a commercial project, a home construction or home purchase contract? If it is residential, is the prime contract with the homeowner or a developer? A mechanic's lien on a commercial project must be filed within 75 days of the lien claimant's last work on the project. If the lien is on a residential project, within 60 days. If the project is owned by a homeowner, the homeowner may have a "paid-in-full" defense to the claim of a subcontractor, supplier or laborer. Commercial project owners have no such defense. After the lien is filed with the county recorder, to be valid it must be perfected by serving a copy of it on the project owner/part owner/lessee within 30 days of the filing or posting it within an additional 10 days. The failure to perfect the lien within the stated time will void it. Commercial projects also require that the project owner prepare and file a Notice of Commencement with the County Recorder in the county where the project is located. If the NOC is filed, subcontractors and suppliers who wish to preserve their lien rights must serve a Notice of Furnishing on various parties, the owner/part owner or lessee, or possibly an "owner's designee (owners agent identified in the NOC) and possibly the original contractor, depending on the contents of the NOC and the relative position of the lien claimant within 21 days of the lien claimant's first work on the project. If an NOC is not recorded, no NOF is required to be served (but it is a good idea anyway because it will encourage proper payment to the subs and suppliers). Mechanic's Liens are authorized by the Ohio Constitution and Chapter 1311 of the Ohio Revised Code. Ohio Courts construe the statutes to determine what the legislature meant when it created the laws. For articles on this and other construction related topics published in Builders Exchange Magazine http://www.ohiolienlaw.com/bx/resources.php?news=7 . For a copy of Ohio Revised Code, Chapter 1311 (the Ohio Mechanic's Lien Law 1311.01-1311.32) http://www.ohiolienlaw.com/bx/resources2.php