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Mechanics Lien on Mobile Home

New YorkLawsuit Recovery Options Right to Lien

I filed a mechanics lien on a mobile home, for a demo project that we did not receive payment for. The attorney of the owner of the trailer park has stated we have to remove the mechanics lien because the trailer does not constitute real property... is there another option for me? What should I file?

2 replies

Mar 26, 2020

Mechanics liens will generally only attach to real property, and they're only available when a permanent improvement has been made to that real property. So, a repair on a mobile home would generally not give rise to any mechanics lien rights because the improvement is on personal propterty (the mobile home) which can readily and easily be removed from the underlying real property - unlike, say, a house. With that being said, it's possible that certain work on a mobile home might give rise to mechanics lien rights if the work did provide some permanent improvement to the land - like a deck or permanent plumbing. But, even then, if the lot underneath was being rented, then mechanics lien restrictions on tenant improvements could apply.

Payment recovery tools outside of the mechanics lien process

Of course, keep in mind that mechanics lien claims are only one payment remedy and there are plenty of other recovery tools out there, as Levelset discusses in this article: Can’t File a Lien? Here Are Some Other Options For Recovery. For one, sending a payment demand letter can lead to payment without the actual need for legal claims or lien claims. By sending a demand letter that includes specific legal threats, a claimant can let their customer know that nonpayment won't be tolerated and that you're prepared to do what it takes to get paid. Further, legal claims could be on the table, like breach of contract. And, for smaller disputes, small claims court could be an option for bringing legal claims without the delays or costs of traditional lawsuits. Or, if the claim is too large for small claims court, reaching out to a New York attorney could help to identify what claims are on the table and may be the most viable.

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Jul 14, 2021

We were hired by a real estate company to move a mobile home off of a property that had been sold and belonged to a financial institution and they would not move it. How do we put a line on tge mobile home in order to either get our money or obtain ownership of tge mobile home.

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