My lien is recorded and there is a pending sale on the property. What happens now?
1 reply
Jan 3, 2020
First, it's worth noting that if a property is sold with a mechanics lien validly attached to it - that lien claim won't disappear simply because it's been sold. Rather, mechanics liens typically run with the property, itself, and aren't tied to any individual. As for what steps to take after a lien is filed, this article does a great job of discussing how to recover payment after a lien has been filed: The 4 Steps to Take After Filing a Mechanics Lien.
As mentioned in that article, one particularly helpful step might be to send a Notice of Intent to Foreclose to the property owner, the purchaser (if known), and any other parties relevant to the project. That document informs recipients that you're serious about your lien claim and willing to do what it takes to recover payment - even if that means pursuing a lien enforcement action. Considering the drastic nature of mechanics lien claims, that's a threat owners, purchasers, and others can't ignore.
Naturally, though, if payment isn't forthcoming - moving forward with a lien enforcement suit may become necessary. If that's the case, it'd be wise to first consult with a local construction attorney - such as one of these Florida Construction Payment Experts - for advice on how best to proceed.