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Can I file a lien against a customer whose home appears to be in a trust?

My customer refuses to pay the balance due for a home insulation project my company has completed. I am considering sending an "intent to file" letter but the ownership of the home is listed as: SIBYL M COUCHE TR SIBYL M COUCHE REVOCABLE Does the fact that the property appears to be in a trust affect my rights to collect for the work we completed?

1 reply

Aug 16, 2019

A mechanics lien may be filed even when the property to be liened is held in trust. However, when identifying the property owner in a given lien claim, it's important to get that ownership exactly right. So, if the property is owned by a trust under a specific name, that trust should be identified on the lien claim. Note also that a Pennsylvania Notice of Intent to Lien must be sent to the owner or the owner's agent. So, in order to properly send a Notice of Intent to Lien, it would be important to identify the trustee of the trust since that person is the point of contact for trust-related business. For more information on Pennsylvania's lien and notice rules, here are two great resources: (1) About Pennsylvania Preliminary Notice & Notice of Intent to Lien (2) Pennsylvania Mechanics Lien Guide and FAQs

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