Send Lien to Mortgagee?
We have filed 2 liens totaling $240,000 for work done on 2 large hotels in Texas. We have send Lien docs to the owners and know they have mortgages with a local bank. Should we also send the lien to the bank to gain more attention and urgency?
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Ultimately, though, that comes down to a business decision of the lien claimant. Going above an owner to their mortgage company could certainly put a strain on relationships, but if the bridge has already been burned, there may be little left to salvage. Plus, if it's become clear that the dispute won't be resolved amicably, it might not be time to pull punches.
As a final note, if additional attention needs to be brought on a lien claim, keep in mind that sending a warning like a Notice of Intent to Foreclose can go a long way. By sending such a notice, a claimant can inform the property owner that they're serious about recovery and that they aren't afraid to pursue the claim in court. Nobody likes a lawsuit, so that can help to bring an owner to the table to talk payment.