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How Long before I file my foreclosure on a mechanics lein

ColoradoForeclosure

I filed a mechanica lein and need to know when I can fore close on the lein

7 replies

Dec 16, 2021

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 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. 

Alternatively, you can proceed to sue and then try to win that and proceed to try to collect. A foreclosure action is not the only means to try to collect the amount due. 

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. 

 

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Dec 16, 2021

As other(s) have said, it is generally 6 months, but could be reduce to only 3 after last date of work or completion. Exceptions if you only provided day labor or supplies. As big an issue is value of what you did versus filing a whole mechanics lien lawsuit. These could get expensive. Representation may also be necessary if you did the work through a company or corporation. Whats been said is accurate, call an attorney and get a free consultation. The firm's goal should be to help you solve the problem and not necessarily look immediately to file suit.

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Dec 16, 2021
I am wondering what exactly does your company do for my company?
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Dec 16, 2021
I would like to know exactly what your company does for my company do you represent my company do you have me collect my money?
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Dec 16, 2021
I sent an email. We can figure out what you need then help you get there. Feel free to call me. Thanks Jim 719-635-4200
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Dec 16, 2021

The people who answered are attorneys. They are not with Levelset if that is what you mean by "your company." As we both noted, you should reach out to attorneys and then schedule a consultation and then the attorneys can explain what they can do, the options, and the costs. 

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Dec 29, 2021
What do you mean? Feel free to give me a call.
 
(719) 635-4200
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