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Do we have a valid lien?

Arizona
Anonymous General Contractor

The party we liened was on the property deed when we did the job. We liened her billing address property not the service address property. Last day on the job was 10/13/2022. On 10/19/2022 a warranty deed was filed and her name was removed form that property (due to a divorce) . We filed the lien 12/2/2022. Is this lien valid? Is it too late to lien one of her other properties?

4 replies

Attorney at Pivotal Legal Ltd
| 85 reviews
Feb 8, 2023

The lien must be against the property improved not the billing address of the owner. The lien relates to the property improved. You cannot lien the owner's other properties unless you sue, win that suit, and then perfect a judgment lien. 

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Anonymous General Contractor
Question Author
Feb 8, 2023

Thank you for getting back to me. Not the answer I was hoping for. :(

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Anonymous General Contractor
Question Author
Feb 8, 2023

forgot to ask - is it to late to lien the service address? It is designated as historical.

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Attorney at Pivotal Legal Ltd
| 85 reviews
Feb 8, 2023

You're welcome. 

You are too late. You must always do the lien process to the letter. That entails a preliminary notice on time and then a proper lien filing. 

Talk to an attorney to avoid mistakes like this going forward. The cost for any of us attorneys to give you proper forms and proper advice is a fraction of what you risk by doing this incorrectly. Then once you have the process down, you can just use the forms. The nature of lien laws are that it requires that you do everything perfectly. Mistakes cannot be made or you risk forfeiting the lien. Reach out if you have questions. 

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