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Recovering from Lien if the sellers sells days before I file lien within 90 days of damages

I filed a Mechanical Lien in Fulton County Georgia- Last date of Damages was 4/6/2019 File Lien Stamped in Court 6/26/2019 Seller of property sells to cousin on June 15th, 2019 and was aware about this because he called me before to discuss the Lien filed on the property of his Aunt and Uncle. Is the new Owner still help responsible for this Lien.

1 reply

Aug 5, 2019

That's a great question. While liens are a great way to secure payment of amounts owed for work, determining their effectiveness in certain situations can be tricky. Luckily, if a lien was properly filed prior to the sale of a property, the lien remains on the property (unless it is satisfied at closing) to the extent the lien was valid and enforceable to begin with.

The fact that the lien stays on the property is part of what gives the lien its power. It helps to remember that the lien attaches to the property itself, not the current owner. Until the lien is satisfied, or expires, a valid lien will remain in effect against the improved property. It is difficult for a seller to transfer the property without having the lien satisfied because buyers are generally unwilling to purchase property without clear title. Since the property is encumbered by the lien claim, the property could be foreclosed on, and the new purchaser could be forced to satisfy the debt, or lose the property.

While it is unusual for property to be sold with a lien encumbering it, it can and does sometimes happen in some circumstances. Property being transferred between family members is one situation in which a property may be transferred without the satisfaction of the lien being a prerequisite to closing.

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