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Enforcement of Mechanics Lein in Colorado

We have followed the Leveset process fully for the job in question. A Mechanic's Lein was filed on 6/4/21; we are 6 days out according to my Levelset job timeline to enforce the lien .... what steps do I have to take at this point, as on my job dashboard it only provides an option to cancel the lien.

1 reply

Aug 18, 2021

If the deadline to enforce (it’s called foreclosure) the lien is coming up shortly, you need to contact a construction attorney very quickly. The first thing they will do is order a “foreclosure certificate” or a “litigation guaranty certificate” from a title company. Getting this certificate can take days depending on the title company and their other projects. After the attorney gets the certificate, they will then draft a summons and complaint to foreclose the lien in the applicable district court. This must be filed within six months after the later of the following: (1) the last date that work was performed; (2) the last date that materials were furnished; or (3) the date that the building or improvement on the property was completed. This can be a complicated calculation and must be determined exactly as the application of the timeline is strict and you have the burden of proving the suit was timely filed. Your attorney would also file a lis pendens. This is a complicated, time-consuming, and expensive process that is best if the lien at issue is considerable. Regardless, you must hire an attorney and get advice very soon. This is not a DIY project at all given the very strict procedures required in a foreclosure suit. If you cannot afford a full representation, you should contact an attorney and consider having a limited representation. In this representation, the attorney provides specified services and they do not enter as the attorney of record in the case. This is normally less expensive and requires a smaller retainer. Our office and others offer limited representation. This is a brief overview https://bit.ly/3xY5VJS. Reach out to attorneys ASAP to help you get started. Most of us offer free initial consultations.

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