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can a mechanical lien in the state of idaho lead to forclosure if it does not get paid

IdahoMechanics Lien

had a partnership written up to flip a home I used my money to buy and the person on the agreemend would fo all the labor including subcontractors. We would then split the cost when we sell it. I decided to keep it and he was ok with me buying him out. In the agreement it was written that he should have the work completed within a 90 day and put on the market. it took him over 7 months to finish as he had other jobs. He also had someone living in the rehab he claimed helped work so let her live free which i did not know until month 4. He does not think we should count real estate fees in what it would cost if we would have sold it and many other issues like this. He now has put a mechanical lien on my property which Idaho allows even if you are not licienced. I received the lein by a carriera and the county left off the the notary stamp by mistake so I called them. They sent me another one in the mail with the stamp for the same date of the orginal one. The amount of his claim is $3200 which includes his fees to file the lien. Since it took him over twice as long to complete property values continued to rise. I lost rental income and was paying all the utility bills until the tenants moved in. The property manager had to finally ask him to leave because he still wasn't done so I had to pay out another $800 to get the property completed to the property manager that he should have had done. What recourse do I have. And can he foreclose on my home for that $3200 or should I just pay this?

1 reply

Feb 22, 2019

I'm sorry to hear about your situation - I'm sure it's been quite frustrating. First and foremost, many property owners find this resource valuable when a lien has been filed on their property: A Mechanics Lien Was Filed on My Property – What Do I Do Now? Further, once a mechanics lien has been filed, typically, in order to contest the filed lien claim, some legal action may be necessary - such as filing a motion with the court in the county where the filing is located. And, in order to file an action or motion with the court, it's a good idea to hire a real estate or construction attorney in order to represent you in court and/or to advise on how best to proceed. In any event, in contesting a filed lien claim, an owner will also be able to assert claims against the party who filed the lien. It's worth noting, too, that Idaho owners are able to bond around a mechanics lien - though that won't eliminate the potential obligation to pay a claim, and it could be pretty expensive. As a baseline consideration, though, mechanics liens are generally only able for amounts that are owed but unpaid for the improvement of property - so, where a lien claim includes amounts unrelated to the improvement of property, or where a lien claim exaggerates the amounts owed, an owner may be able to quickly and successfully challenge a filed lien. Further, where the claimant failed to abide by the strict notice and deadline requirements, it may also be relatively easy to defend against a filed lien. But, how to challenge a filed lien will depend on the specific situation, and having an attorney review the relevant circumstances and documentation then create a plan of attack is very typically the best way to proceed when a lien will be challenged. Obviously, though, in most situations, it's probably worth attempting to resolve the dispute before it gets that far. For more on the Idaho rules on mechanics lien filings, this resource should be valuable: Idaho Lien & Notice FAQs.

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