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question below on a recent filed mechanics lien

Here is zlien chat/questions I just asked & they referred me to this page to ask an attorney. Hello, thank you for visiting. Can I help you in any way? Michael I have a mechanics lien filed on my property (real shady lying company) - anyhow, they are threatening me with foreclosure on my property May 29, 2018 - - it hasn't been 6 months since they filed it -not even for months since their claimed work - - I've contacted the CEO & Board of Directors at State Farm but haven't heard anything back (my agent assured me everything was going to be covered and it wasn't and she referred me to this disaster clean up business). My question is - they can't foreclose on my property can they? it's just a lien that I can't sell it until it's paid, correct? It's only for $7,000.00 - I don't feel I owe it, even still, I sure don't won't to lose my condo of 23 1/2 years for that amount (I just don't have the money or access to it do be able to pay this - they want it all now). thank you Me liens are able to be foreclosed on, but it's generally a costly and long process Michael Costly to the people who put the lien on it? Like I said - they are very shady & liars and I offered to make payments - they are just bullying me (I had a flood in my condo and they never would tell me how much it would cost or provide an estimate - only that my insurance was covering it all - and it didn't). How costly for them is it? (or is it to me?) and how long a process? Once it starts, can it be stopped it payment is submitted in full? Me For both parties, foreclosure is usually done through a court process Properties can be sold with liens on them, generally Michael Can they take my home for $7000 they claim I owe them? Me Ultimately, I'm not a lawyer so I can't discuss your personal situation and give you a yes/no answer You could always ask one of our free attorneys here: zlien.com/ask

1 reply

May 23, 2018

I'm sorry to hear about your situation. First, it's worth noting that, in Nevada, the deadline to enforce a lien action is 6 months from the time the lien is filed. To enforce a lien, suit must be brought before that 6 months is up, and if a claimant wants, the suit can be filed much earlier than that 6 month deadline. Anyway just because a lien enforcement suit is filed does not mean that the property is lost. Just like any other lawsuit, an enforcement action takes time - and a property owner should have a number of opportunities to pay the lien claim prior to the foreclosure of the property. Granted, that may not be the most desired outcome, but at least the property would not be lost. If the lien is enforced via suit, a property owner should hire an attorney - going it alone in a lawsuit is generally not a good idea. In fact, consulting an attorney about the current situation would also be wise - especially if threats to enforce the lien have been made. As a side note, when a property owner has title insurance, the owner should alert their title insurer and they may help defend the claim and with providing counsel. Anyway, it's worth noting that before any enforcement action is brought, many property owners send a demand letter (typically through an attorney) demanding that the lien be removed and providing reasons why the filed lien is invalid and unenforceable. If the lien claimant still decides to move forward and has a questionable basis for their lien, their claim can be contested when the lien enforcement action is brought. Finally, while also not the cheapest option available, posting a surety bond to release the lien will be another option, and doing so would remove the property title from the dispute altogether. The bond must be provided by a surety company and abide by NRS 108.2415 to 108.2425 and be in the amount of 1.5 times the amount of the lien claim that is to be released.

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