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Can a mortgage broker file a lien on a property if they are not paid by the terms of an executed contract?

I have an executed consulting agreement with a property owner that states I am due a consulting fee upon lender commitment to refinance the property, but the property owner went radio silent on me and will not return calls/texts/emails. Can I lien the subject property for the amount I am owed based on the contract they signed with me?

1 reply

Mar 26, 2020

Mechanics lien rights are really only available to those who provide some physical improvement to the property being liened. So, while services like construction work are lienable, other services - like acting as a broker, lender, etc. - won't give rise to lien rights since their work doesn't improve the property. With that being said, that doesn't mean some other recovery option won't be appropriate. And, sending a payment demand letter, pursuing legal claims like breach of contract, or even sending the debt to collections could all be effective avenues for recovery.

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