Mechanic’s Lien Basics

There are various things that may put a cloud on the title of real estate. People who have performed work on the property and have not been paid may have the ability to put a lien on the title that must be satisfied before the property can be sold.

Contractors and builders have a legal right to be paid for the work that they have done. They have more than just the ability to send a bill to a customer. If someone does not pay for a builder’s work, they cannot easily escape further liability. Even if the mechanic cannot get the money by other means, they can put a lien on the property. This lien would have a higher priority than other creditors if someone were to go bankrupt.

If there is a mechanic’s lien on a property, the owner cannot sell the property until the lien is resolved. There can be complicated legal situations with the lien. For example, if a subcontractor has not been paid by the contractor for their work, they can put a lien on the property. The owner of the property needs to get involved with the general contractor to force them to pay the subcontractor. Otherwise, the owner would have their own issues.

These liens remain with the land. In other words, if the owner managed to sell the property before the lien was satisfied, the new owner would be subject to the lien.

A mechanic’s lien applies to more than just a mechanic. Anyone who does work on a property has the right to place a lien on it if they have not been paid.

Contact a Boca Raton Real Estate Attorney Today

If you need help with any real estate legal issue, the attorneys at Rubino Findley PLLC are experienced counselors with a track record of getting results. To schedule an appointment, call us today at 561.781.8250 or send us a message through our website.