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Construction loan lien

North DakotaMechanics LienPayment DisputesRight to Lien

If I have a construction mortgage and had work done on my driveway but inspection says work isn’t complete according to the signed submitted contract that the contractor submitted to them. Can he place a lien on my home?

1 reply

Dec 10, 2019
If someone has performed work on your property but has gone unpaid for their work, then they may well be entitled to file a mechanics lien against the project property. This is true even if payment is supposed to come from someone other than the property owner - such as a construction lender. Note, though, that the kind of lien a construction lender may obtain against the project property operates separately from a traditional mechanics lien claim. And, lenders will not be entitled to file a mechanics lien since they haven't performed work or furnishing materials which has improved the project property, themselves.

Additional mechanics lien resources

I think these resources should be helpful for better understanding how mechanics lien claims operate in general, how lien claims operate in North Dakota, and how to respond to the threat or filing of a mechanics lien claim: - What is a Mechanics Lien? | Mechanics Lien 101 - North Dakota Mechanics Lien Guide and FAQs - I Just Received a Notice of Intent to Lien – What Should I Do Now? - A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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