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Can a lien be filed or not?

MissouriMechanics Lien

I am a realtor. My seller client has a personal loan through a third party bank for a furnace and air conditioning unit. He is now getting divorced and selling the house as a short sale. He has stopped making payments on the personal loan for the furnace and air conditioning. Can the bank that has that loan put a mechanics lien against this property? They are not the contractor. The contractor was a home warranty company that connected the seller with a loan company so they could finish the project. Can I get clear title to this property? The title company is looking into it but has not come up with a valid answer yet. I do not think the seller signed any kind of notice but he does not remember.

1 reply

Dec 17, 2020

Depending upon the circumstances, including how much time has elapsed the contractor may still have mechanic's lien rights. The bank likely is secured via a deed of trust. There are many variables that may affect or change my answer. Garry Seltzer mechliens@prodigy.net

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