Home>Levelset Community>Legal Help>interest on a lien

interest on a lien

There is a lien against my property . I didn't receive notice of this until I received a letter saying I had to go to court on a certain date . I was out of town and could not make it back by the court date I sent a letter to the court saying I understood the amount owed . The issue is the home owner didn't pay me . Wouldn't he be liable for the debt ? It was for a foundation on his new house . I didn't file a lien . I should have but didn't . Also it long after 6 months before the lien as filed. Now I've just found out the lien is on my property and I'm in the process of selling . One more thing . the lien has a 9% interest rate on it . Is that legal ? Thank you .

1 reply

Feb 13, 2020

Mechanics lien rights only arise against the property where work was performed. And, a claimant can't file a lien against their customer's or employer's property. So, if a subcontract has filed a mechanics lien against some property other than the project property where they performed work, then that lien is almost assuredly improper. If a lien was improperly filed against your property, and if a proceeding on that lien claim has already begun, it would be wise to consult a local Missouri construction attorney immediately. They will be able to help you defend your property. In the meantime, this resource might be helpful too: A Mechanics Lien Was Filed on My Property – What Do I Do Now? With the above in mind, let's look at some other Missouri mechanics lien requirements that seem relevant here.

Missouri's mechanics lien requirements

For one, Missouri mechanics lien claimants aren't statutorily required to provide notice once they file a mechanics lien. While there may be some preliminary notice or Notice of Intent to Lien requirements before they file a lien, a claimant doesn't need to send notice after the lien is filed. So, the mere fact that notice wasn't sent after the lien filing won't create issue with the lien. The deadline to file a Missouri mechanics lien will generally be 6 months after the claimant last furnished labor or materials. This timeframe is shortened to 60 days from removal of equipment for equipment suppliers. So, if more than 6 months have passed since work was last furnished, then that'd be another potential reason for having the lien tossed aside. Finally, Missouri mechanics liens cannot contain interest, attorney fees, costs of filing, etc. Those fees might be obtainable if a lien enforcement suit takes place and the claimant prevails. But, the costs themselves can't be included in a Missouri lien lien - and they may well render a lien invalid and unenforceable.

2 people found this helpful

Helpful