Menu
Home>Levelset Community>Legal Help>Can I still file a lien if the home has sold since the preliminary lien was filed?

Can I still file a lien if the home has sold since the preliminary lien was filed?

Arizona

We filed a preliminary lien through levelset with the original owner during work. The house has since sold and is deeded to the new owners and the original owner and contractor are trying to withhold final payment now that we have completed work as of yesterday

2 replies

Apr 16, 2021

Provided your preliminary 20-day notice was prepared and served timely, you can file a mechanics lien anytime within the statutiory deadline, which is 120 days after completion. If you have just finished your work yesterday, you should be fine. You should, however, file your lien as soon as possible, on the off chance that the property sale hasn't actually closed yet.

1 likes
Apr 19, 2021

I am unsure of Arizona lien laws but if you are required to give notice to the property owner in order to prefect your lien, then the answer would be no. You do not have lien rights.

However, I would contact legal counsel in AZ to confirm the laws, and what recourse you may have.

0 likes

Add your answer or comment

Not the answer you were looking for? Ask your own question