I filed a mechanic Lien and the document was sent to be recorded what do I do next ?
1 reply
Nov 5, 2019
Once an Alabama mechanics lien has been properly recorded, although it's not required, we recommend sending a notice to the owner that a lien has been filed against their property. That way they are at least aware of the possibility and may take action to resolve the dispute. Which may very well be the case, as most mechanics liens are paid off before they need to be enforced.
After being filed, a mechanics lien in Alabama will only be valid for 6 months from the date that payment became due. A claimant must file a lawsuit to foreclose on the lien claim within this timeframe or the claim will expire and no longer be enforceable.
However, there is one more step that a claimant can take before filing a lawsuit. This is known as a Notice of Intent to Foreclose. This notice acts as a final warning to the property owner that if they aren't paid within a certain timeframe, they are willing and able to enforce their rights in court. No one wants a mechanics line filed on their property, so this is typically enough to induce payment from the property owner.
If the notice isn't effective, it may be time to reach out to an attorney to advise you on the lawsuit filing process. But, don't wait too long. If the deadline passes, claimants may have to resort to alternative means of recovering payment.
Good luck!