QUESTION
What do we do if we sent a letter of intent advising that a lien will be filed on April 2 if our fees are not paid but property was sold 6 days ago?
Asked on Apr 01st, 2014 on Landlord and Tenant Law - Nevada
6 ANSWERS
As a general matter, however, you do not have any right to record a lien just because someone owes you money. Either, the party that owes you money needs to sign something granting you a lien (such as a mortgage or, perhaps, in the case of dues owed to a condominium association, the condominium documents give the association a right to a lien for unpaid assessments) or, if you have a judgment for the amount owed, state statute gives you the right to record a Judgment Lien.
Answered on Apr 08th, 2014 at 7:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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When you say sold, do mean the sale was closed or only that an offer was accepted? If the former, I would hope that the title insurer checked to see that HOA dues were owing. If the latter, file your lien. It will be satisfied from the proceeds. And did you file your lien on April 2? Why not? Unless the deed was recorded on the 1st, you should have been okay. Finally, I guess you could sue the old owner since he should now have some money from the sale of the house. Your best bet is to talk with a local real estate attorney to figure it all out.
Answered on Apr 08th, 2014 at 8:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Cannot tell without additional facts. Were the fees paid at closing?
Answered on Apr 08th, 2014 at 7:48 AM
Business Attorney serving Warwick, RI
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Arthur D. Parise Attorney at Law
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If the property was sold without perfecting your lien your remedy is to sue for any money owed.
Answered on Apr 08th, 2014 at 7:45 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You do not give enough information..However, If you are talking about a CONSTRUCTION LIEN and you are a licensed contractor and have the legal right to file a lien..go ahead and file the lien within 90 days of the last date of work at the site ANYWAY..It is up to the purchaser and the title company to clear the lien.. yes they get stuck but they can file a lawsuit against the former owner.
Answered on Apr 08th, 2014 at 7:44 AM
If you are still within the period allowed by the applicable law, go ahead and file or record the lien. For example, if your state allows you to file a mechanic's lien within 30 days of providing the services or materials, and if the time has not expired, you are still protected.
Answered on Apr 07th, 2014 at 8:29 PM