if one files double similar mechanics lien on the same project due to lienee having 2 different registered address, is obligated to discharge the last filed duplicate or face a claim by the lienee for a fraudulent filing?
1 reply
May 7, 2020
If duplicate mechanics liens have been filed for the same work, then one of the liens should probably be released. Granted, it's important to word the release such that it doesn't also release or waive rights beyond releasing that specific document. It's common for a lien release to toss aside all lien rights - so it's important to pay attention to the terms of the release.
Finally, note that there's a difference between fraud and an honest mistake. And, honest mistakes generally won't result in the same type of liability as long as the lien claimant does what they can to make things right.
Regarding duplicate addresses - keep in mind that mechanics liens can only be filed against the project property. And, that's the property that should be addressed in the lien claim. And, when listing others' contact info on the lien claim, you can always include multiple addresses, as necessary.