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.
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.
any lien is challengable in superior court or small claims, depending on amount of lien.
The name for claims against property is liens.
Yes--it applies. See a real estate attorney in your area for details.
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.
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.
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).
Small claims court itself does not directly place a lien on property or a home. However, if a plaintiff wins a judgment in small claims court, they may seek to enforce that judgment by requesting a lien on the defendant's property through the appropriate legal process. This typically involves filing the judgment with the local property records office, which can then create a lien against the property.
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.
In Georgia, a mechanics lien must be filed within 90 days of the last date labor or materials were provided for the project. Additionally, the lien must be perfected by serving the property owner with a notice of the lien within 30 days of filing. It’s important to adhere to these timelines to ensure the lien is enforceable. Always consult with a legal professional for specific cases and guidance.
In the context of a lien waiver, "its" typically refers to the entity or individual that is granting the waiver. A lien waiver is a legal document in which a contractor, subcontractor, or supplier relinquishes their right to file a lien against a property, often in exchange for payment. The term "its" signifies the party's acknowledgment of the waiver's terms and conditions, indicating their agreement to forgo any claims against the property related to unpaid work or materials.
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.