Menu
Home>Levelset Community>Legal Help>Does a home owner have a chance to fight a mechanics lien foreclosure?

Does a home owner have a chance to fight a mechanics lien foreclosure?

Kentucky

I had an oral agreement with a contractor in Kentucky for work on my rental property. I paid him in full, according to our agreement, except for window installation which he did not do after damaging my windows and then backing out on installing replacement windows. He has now filed a mechanics lien and threatened foreclosure. If I wait it out and he does start foreclosure proceedings, will we then go to court and I get a chance to plead my case or does a foreclosure automatically start happening? If we go to court, I will have to pay for an attorney although the lien and foreclosure is frivolous. It seems that everything on the internet is in favor of the contractor whether you owe money are not.

2 replies

Feb 12, 2021

To enforce a mechanics lien in Kentucky, the contractor will have to file a lawsuit within one year of the lien filing. As with all lawsuits, you would have an opportunity to answer and file a counterclaim (if appropriate). 

You may consider whether or not filing suit is likely. That depends on many factors, including the dollar value of the lien. The fact that you describe the contract as being verbal, if accurate, makes the contractor's case difficult to prove. Also, the contractor will have to run a title search and include in the suit any other parties who may have a claim on your property (ie: mortgage holders), and pay filing fees and service costs.

As in all cases, contact an attorney in your jurisdiction if you are sued, or to get specific advice.

0 likes
Feb 17, 2021
Thank you Ms. Loeser!
0 likes

Add your answer or comment

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