I did some work for a friend, remodeled a house he owns in Arizona, where I have also been living . We have a mostly amicable relationship...but we discussed I should file a lien on a property (Single Family Home) he owns in New Mexico...to be sure, in case he dies, or some other unexpected thing might come up...that I can get the $100K I'm owed for the work I've done on the house in AZ. So I filed the lien on his property in NM...for $80K ...rather than the full amount...b/c we have been considering whether or not I should get the rest of what I'm owed for the work I did, in the form of payment...or whether we'll apply that (remaining $20K) in the form of my owning a share of equity in the property in AZ. We haven't decided about that yet. So...I'm wondering if it might be in my best interest to file a lien on the AZ property, too....and maybe for the full amount of the $100K. Would the fact that I've already filed a lien (for the $80K) in a different state...somehow nullify or minimize the viability or legitimacy of a second lien (I might file) for the full amount in AZ? Is there anything else I should know about this? I'd be willing to pay an atty for a brief consult, but I'm single, 62 year old disabled woman, living on a VERY low fixed income, that is well-below the poverty level criteria. So, I don't really have any disposable income for paying professionals for these kinds of things. I'm hoping this "Ask a question for free" might actually be legit...but I'm guessing it's probably just another online marketing hook to try to get business. Can / is anyone willing to help? Fingers crossed, KD
Mechanics liens arise when somebody furnishes labor or material to a construction project, and is unpaid. Because a mechanics lien is an interest againt the improved property itself, a lien is only valid against the property on which the unpaid work was furnished. So, a claimant is not able to file a valid mechanics lien against a property where no work was performed.
Additionally, mechanics lien rights are only preserved when certain specific requirements are met.
Specifically, in NM and AZ a party claiming a mechanics lien must be licensed if the work performed requires a license pursuant to the Construction Industries Licensing Act, or the Arizona Registrar of Contractors as applicable. Further, liens only remain effective for a certain period of time and a lawsuit must be initiated to enforce the lien prior to the expiration of that period if the lien remains unpaid.
In the event that the money owed is not in dispute, generally a mechanics lien may not be the most effective option. There are likely other options that may be worth exploring if the debt is not disputed.