My lien has been filed for a couple of monthss on two different homes two different Countys. Do I need to file forclosure? Does it work? They can out wait me.
1 reply
Dec 26, 2018
I'm sorry to hear you're still going unpaid. If a mechanics lien doesn't lead to payment, typically, most claimants see the next step as enforcing (also known as foreclosing) the filed lien. Before discussing that option, though, there's another step that can be added which can help recover payment - a Notice of Intent to Foreclose. A Notice of Intent to Foreclose acts as a warning - it states that if payment isn't made and made quickly, the filed lien will be enforced and the owner could lose the property. Considering the drastic fallout that could take place, many owners and contractors will take that threat seriously. You can learn more about that option here: What Is a Notice of Intent to Foreclose?Anyway, if a lien has been filed and recovery doesn't appear to be coming, filing a lawsuit to enforce the filed lien may be necessary. In Alabama, the deadline to enforce a filed mechanics lien is 6 months from the date that payment became due. If this deadline comes and goes and payment isn't made, the lien claim will no longer be enforceable and some other option for recovery may be needed. Before that 6 month deadline gets too close - it's likely a good idea to reach out to a local construction or real estate attorney. They will be able to advise you on how to proceed, and if filing suit becomes necessary, having a lawyer will become a necessary part of the lien enforcement process.