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How to proceed with the filing that was done?

ConnecticutMechanics Lien

lien filed on a verizon tower owned by the Quinnipiac Univerisity within 4.4 miles, per the attorney , this filing is not correct as copperwood capital did not do the work and they are not aware of any parties by those names in which we were hired by zlien document clearly states "hiring party". As we are the factoring company our contract gives us consent With regards to lien filing etc. i want to ensure that a statutory notice is not filed. please see context of email received from attorney. "Per my recent telephone call with Felisha Roman, Admin Specialist, Factoring Department, this firm represents Quinnipiac University. The attached mechanic’s lien, naming Copperwood Capital LLC as the lienor and claimant, was served on Quinnipiac University. In the lien, Copperwood Capital LLC certifies under oath that it performed or provided labor, services, equipment or materials to the Property with the consent of Quinnipiac University. Quinnipiac University is unaware of any services provided to the Property by Copperwood Capital LLC and has no record of having provided its consent with respect to the same. Please provide the undersigned, as soon as possible, with all documentation available in support of the attached lien, including without limitation, the basis of Copperwood Capital LLC’s sworn statement that it performed such services and did so with the consent of Quinnipiac University. All rights at law and in equity are reserved, including without limitation the right to seek discharge of the lien in accordance with Conn. Gen. Stat. Section 49-51, as amended, as well as damages (including but not limited to attorneys’ fees) thereunder and in connection herewith.

1 reply

Jan 30, 2020
Generally, a mechanics lien may be assigned unless there is a specific provision in a state's law prohibiting such assignment. However, there is another general rule as well, that only liens already perfected by the filing or recording of the claim of lien may be assigned. This is usually true even when the state laws specifically declare mechanic’s lien assignable. In other words, a perfected lien may be assigned, but the inchoate right to file a lien may not be transferred. In the event a contract between parties allows one party to "stand in the shoes" of another in order to enforce a mechanics lien to secure payment, the party performing the work should be the party filing the lien (whether directly, or with the assistance of the party to which the recovery is assigned). Even where the ability to file a lien may potentially be assigned, however, in any event, a mechanics lien should contain correct information. For example, the claimant should be the party providing the work, the statement of the work provided by the claimant should be what the claimant actually did, and the hiring relationships between the parties should be correct. This could potentially be accomplished in different ways, i.e. a party to which the recovery is assigned could require the assigning party to file the lien and then assign the right to enforce it; or, the contract between the parties could specify that the name of the assigning party is to be used on the lien filing and the party to which the right is to be assigned could sign the lien as an agent of the claimant, etc.
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