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Getting paid from a lien on a foreclosure

We filed a lien for a property in Fountain, Colorado last year. We just got notice that the house is going into foreclosure. The property owner has until November 22nd to contest it. What steps do we need to take to get paid if it indeed goes into foreclosure?

1 reply

Nov 26, 2019

First, note that Colorado's mechanics lien enforcement deadline is generally 6 months from the date when the project was completed, or when the claimant last furnished labor or materials to the project. So, if the project has been completed for some time, it may be a moot point if the deadline to file a lien enforcement action is long gone. Anyway: If some other party - be that another lien claimant, a mortgage company, or someone else with an interest in the property - has initiated the foreclosure of the property, it's important to make sure your claim is known and to throw your hat into the ring. Generally, this will mean providing notice of the lien to that party or the court where the foreclosure was initiated. However, unfortunately, I don't have much experience with foreclosures in Colorado. For more clarity on how to best recover on your lien during a foreclosure action initiated by someone else, it'd be wise to reach out to a local real estate attorney familiar with foreclosures. They'll be able to review your claim and the situation then advise on how best to move forward to collect payment.

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