I filed a materialmen's lien several years ago and the property was sold to another investor for non-payment of property taxes. Is my lien still valid and how should I proceed from here?
That's a good question, and I'm sorry to hear you went unpaid for your work. Unfortunately, mechanics liens that are filed and not enforced over a period of years are very likely unenforceable - regardless of any tax lien foreclosure. Mechanics liens have strict lien enforcement deadlines, and if a lien is filed but not foreclosed, that lien will become unenforceable. In Mississippi, the deadline to enforce a mechanics lien is 180 days from the time the lien was filed. So, if more than 180 days passes after a mechanics lien has been filed and no enforcement action is filed, the lien will no longer be enforceable. But, when a foreclosure occurs, typically, that will strip the property of all liens associated with the land. So, if a liened property is foreclosed and sold, then any prior liens on that property will likely no longer exist.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...
0 people found this helpful
Helpful
Other questions about Mechanics Lien in Mississippi