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Can a Mechanics Lien filed twice on the same project after 120 passed?

Can a Mechanics Lien filed twice on the same project after 120 passed? A mechanics Lien filed with service and affidavit of the Legal Document licensed provider and expired or on the last day relieved. Can another Mechanics Lien filed after the expiration of the first one? If Filed and a claim with Lis Pendens was recorded and filed with the court. Is the 2nd Mechanics Lien can be perfected by trial and judicial foreclosure can be filed against the property if not prevailed?

1 reply

May 5, 2021

The answer to your question depends upon a lot of information I don't have. As a general matter, to be timely, a lien must be recorded not later than 120 days measured from the date of "completion" of the project. The term "completion" is defined by statute. The 120 day deadline for recording liens may be shortened by the recordation and service of a Notice of Completion. So when the 120 days starts depends on what kind of "completion" took place for this particular project. So it's possible to have a second mechanic's lien if additional work was done after completion. Or perhaps the lien was amended, in which case they released the prior lien and recorded a new one. Please feel free to contact me. jab@jhc.law or 602-234-7849. I doubt your questions can be answered without looking at both mechanic's liens, the county recorder's records, and answers from you to a bunch of questions.

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