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Can I Obtain A Mechanics Lien?

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I was an investor on a rehab project. The Owner on Title to the property to be rehabbed was also the Contractor. He never completed the job 4 years ago and was incarcerated shortly after only starting the rehab project(he has been in jail since). I was in litigation for 3 years on a Quiet Title Action on the property in order to gain Title. That case fell apart and was dismissed due to Lawyer Malpractice. I sued in Small Claims for a Judgement in order to obtain a Lien. I recently lost. I am trying to exhaust all possibilities in order to have a Lien placed on this property.

1 reply

Dec 2, 2022

If you were just an investor and didn't furnish any labor or materials to the project, then you wouldn't be entitled to a mechanic's lien. If you did furnish labor or materials, the time has likely expired for your to record a valid mechanic's lien. Depending upon your investment documents and structure, you may have a claim against the owner for breach of contract or fraud. But the statute of limitations may be expiring soon if the project was 4 years ago. If you can succeed on a contract or fraud claim against the owner and obtain a judgment, and the owner still owns the property, you could get a judgment lien on the property or levy on any assets of the owner that you can find.

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