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Home>Levelset Community>Legal Help>What are the Pros & Cons of filing a lien against a property that doesn't have a mortgage? It's owned free and clear.

What are the Pros & Cons of filing a lien against a property that doesn't have a mortgage? It's owned free and clear.

New Mexico

I'm the general contractor on a remodel. Job is complete but customer doesn't want to pay the balance. This the 4th job I have done for this customer with no problems in the past. Always done previous jobs with out a written contracts. This last job is the largest job I've done for them. Am I better off filing a suit right away and not doing a lien?

1 reply

Oct 22, 2021

Levelset has a great article discussing the multiple (17!) ways that mechanics liens lead to payment, which you can check out here: How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid.

As mentioned in the article - when there's a lender or mortgage company involved, filing a lien can get those parties involved and put additional pressure on the owner or GC to settle the dispute. However, even without a lender or mortgage company present, liens still put pressure on a property owner with the looming threat of a lien enforcement action.

As for whether there are any "pro's" - nothing really comes to mind as a positive here. I suppose that keeping the lender or mortgage company's lawyers out of the mix might arguably be a positive. 

Finally: Note that mechanics liens are generally pretty cheap, easy, and quick to file (especially when using a service provider). Plus, a lien enforcement action can be (and usually is) lumped in with other claims when a lawsuit has to be filed. So, if anything, it could bolster legal claims and shouldn't really be seen as an alternative.

With all of that being said, if there's a serious reason to believe a lien won't have any impact, then foregoing the process may make sense. Consulting with a local construction lawyer could help sort through the pro's and con's of pursuing a lien vs. some other remedy, and you can find a directory of NM construction lawyer who may be able to help here: Top New Mexico Construction Lawyers. And, if you're wondering about lien alternatives, then this article may be useful too: Can’t File a Lien? Here Are Some Other Options For Recovery.

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