Idaho Mechanics Lien Form

If a contractor records an invalid lien you can file a lawsuit to quiet title and have the lien released. Alternatively, you can wait to see if the contractor files a lawsuit to foreclose the lien and then file a counterclaim for quiet title if the contractor does so. The contractor must file a lien foreclosure suit within 6 months of the date the lien was recorded or the lien is invalid.  

Unfortunately, a mechanic's lien cannot be used to secure amounts owed for healthcare services. Mechanic's liens can only be used to secure amounts owed for labor or materials used in the improvement of real property. However, there are also other statutory liens that you may be able to utilize - see Idaho Code Sections 45-601 thru 45-621 (claims for wages) and 45-701 thru 45-705 (hospitals and nursing care liens). Although our firm is very experienced in recording, foreclosing and defending against Mechanic's Liens, we have not recorded liens for wages or hospital/nursing care expenses. Because there are specific deadlines and other rules that must be complied with and because identifying the land subject to the lien can sometimes be fairly complicated, I strongly recommend that you reach out to a law firm that handles these types of issues. The last thing you want is for your lien to be invalidated on a technicality; particularly if this is the sole way for you to get paid.  

Another and potentially better option would be for the family to give you a promissory note and deed of trust to record against the real estate to secure the amounts you are owed prior to the sale. If you have a recorded interest in the property then you may be able to be paid that way. Again, this is a question for an attorney that handles these types of claims.