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IS this lien legit?

Recently I put a house under contract via assignment, the family took 2 months to vacate, though I paid them money to move out, finally they did, I paid painters and handymen, however now, the owner is deciding to advertise the house himself on zillow, saying he painted, etc. I had thought of filing a mechanics lien before I knew of this and now I discovered this over the weekend, seeing the house on Zillow. This is in Georgia, so no NOI, lien filing is needed. I checked last week, it costs $25, but my atty. says if the house goes into foreclosure, the lien will not hold up. Your advice? I spent $5,000BTW.

1 reply

Feb 19, 2020

Mechanics lien rights are generally available to those who perform labor or supply materials for the improvement of property but go unpaid for their work. So, painters, handymen, and others who perform physical work on the job will generally be able to lien. However, lien rights typically aren't available for those who simply lend funds for the project or bankroll the work. Rather, to have lien rights, the claimant must generally perform the work giving rise to the claim or at least coordinate the work in an official capacity, like as a general contractor. Further discussion here: Who can file a Georgia Mechanics Lien? Of course, that doesn't mean that other recovery tools won't be available. Threatening to pursue legal claims with a demand letter could certainly lead to payment. Or, actually pursuing claims - potentially via small claims court - could lead to payment, too. But, ultimately, your attorney will likely know best. They'll have experience navigating Georgia's mechanics lien laws and recovering payments there. And, getting a second opinion from another Georgia construction attorney might help, too.

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