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What work can be done on a property with a lien?

Hello! I have been working with you all since November. I filed a lien through you all which was filed in December. I have a landscaping company and a client who has and is refusing to pay since October. We are now in litigation but not to foreclose, we are counter suing. The client is suing me. This happen after the lien was in place. She has told her lawyer they have another landscaping company that will complete the job. If a mechanics lien is on the property, can a landscaping company do work on the property without a lien resolved? My next question is if we are counter-suing (she is suing for damages which is absolutely ridiculous) could we have an additional lawsuit to foreclose on the property? I am speaking to my lawyer today but Alyssa encourages me to ask you all this. Thank you!

1 reply

Mar 2, 2020

If a mechanics lien is filed against a property certain things, like refinancing or selling the property, are difficult to do. However, other things, like hiring a different party to do work on the property are generally unaffected. It is not general practice for contractors to perform any type of search on a property before beginning work. Accordingly, it is unlikely that a contractor hired to do work would even know that a lien had previously been filed. Generally, if a lien claimant is being sued by the property owner, the claimant may assert all claims they have against the property owner as counter-claims in the same suit. Enforcement of the lien claim, breach of contract, and other claims all may be appropriate. Note, however, that in order for the enforcement of the lien claim to be appropriate, the suit must be in a court with proper jurisdiction over the enforcement of the mechanics lien, so for example, a claim in small claims court would not be appropriate, nor would a case in a court in a county other than where the property was located.

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