Home>Levelset Community>Legal Help>Can I file a second Mechanics Lien after the first one expires without action?

Can I file a second Mechanics Lien after the first one expires without action?

Can I file a second Mechanics Lien after the first one expires without action in AZ? I am a contractor that filed with a local legal service mechanics Lien with a completion date of material and labor and all the conditions that perfect it by ARS 33-993(A) six listed. The owner rushed and Paid large amount of money and I had the Lien expired on the 181 day I filed release. The owner did not complete the payments on the contract can I file another one claim the the city gave an Certificate of Occupancy that took them forever as Work Completion (although I stated that work completed in the original Mechanics Lien that expired) using the original 20 days notice filed with the original ?

3 replies

May 19, 2021

No. The lien must be recorded within 120 days of project completion. Once it is recorded, you must file suit to foreclose within 180 days after recording it. After that, the lien is invalid. So if the 180 days has run, and you have not filed suit to foreclose the lien, you cannot go back and record again. All that said, it does not mean you are not owed money for your work. You would still have a claim for breach of contract or unjust enrichment against the owner and/or the contractor who you performed the work for (if you are a sub or supplier). It's just that the debt would not be secured by a lien on the property.

2 people found this helpful

Helpful

May 21, 2021

Let us make it more interesting and see if you get more response the 63 reviews. The original Mechanic's Lien Filed and Expired with Legal services properly according to ARS 33-993 included the 20 day's Prelim, no action was taken. A relief to the expired Lien filed after 181 day of the original filings. A second Mechanic's Lien filed with the same original 20-day Prelim and a lawsuit filed within two months then after. All been recorder as if it were a legal transaction preparing for a Judicial Foreclosure with Mechanic's Lien. The Statute runs on Discovery. Is this fraud would be the perfect crime? Where the plaintiff is LLC that voluntarily released his Contractor License, and become a non-going concern company? OR you would reveal this Crime by using 201(d)(a) as a Judicial Notice to bring it up as illegal second lien, as you point out wisely? Leaving the case as a money case without the Judicial Foreclosure. As you stated "money owed" if proved to be.

Report Spam

May 30, 2021

You can not use an Expired Mechanic's Lien for an action. It is like using a Wet powder to shout a rifle . ARS 33-998 - Limitations of action to foreclose. Only 5 states of the union would allow for extension, and the owner should agree. (Why should he?)

Report Spam