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How do I put a lien on the property and sue these people for kicking me out after remodeling and getting my tools stolen

ColoradoLawsuitMechanics LienPreliminary Notice

I lived with a woman who was the caregiver for an older man and remodeled the joke we shared for over two years at my own expense. After adding 400 Sq. Ft of new living space that added 40,000$ to the value of the property the woman got a quit claim deed and refinanced. When she did this she had the man evict me with a three day notice. When they evicted me I wasn't home and within two hours all of my belongings were stolen leaving me without not only My life's possessions but over 30,000$ in construction tools were gone. They won't pay for the 12,000$ in receipts I have and I haven't been able to take them to court for wrongful eviction because I'm staying with friends and totally broke. Can I file a mechanics lien and would it even do me any good?

1 reply

Jun 7, 2023

First, filing a lien under the circumstances you present is problematic. There are strict deadlines for noticing intent and recording your lien. Sounds to me like this is an afterthought and not within 4 months of your last date of work, but perhaps I'm wrong there. In any event, if you're seeking items from two years ago, I doubt that would go well for you under a mechanic's lien theory of recovery.

Second, it doesn't sound like there was much of an arrangement between you and the owner, this was something you were doing to improve the residence you were living in. 

Third, if you're broke, what good is the mechanic's lien anyway? Even if it were valid, you'd still need to take action on it to pursue it. If they've just refi'd, I imagine the property is encumbered to a not-insignificant extent. The loan already closed, so presumably they aren't going to refi again or sell very soon. If you don't have the money to pursue a wrongful eviction, foreclosure likely isn't within your current financial ability to pursue. If you aren't going to foreclose, then you still have other claims and remedies, but I'd think you'd handle most of those claims and damages within a wrongful eviction case, should you ever have the means to pursue that case.  

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