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Whether for commercial reasons or for personal matters, everyone must handle legal issues sooner or later in their lives.
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A mechanic's lien is a "hold" against real property that, if unpaid, allows a foreclosure action, forcing the sale of your property. It is recorded with the County Recorder's office by the unpaid contractor, subcontractor or supplier.
First, a lien must be filed against the property. Then, a bond (or a cash deposit) is filed with the register of deeds or court, as a substitute for the encumbered property. The amount of the bond may vary based on state statute, though frequently is 110% to165% of the amount of the lien.
A mechanic's lien of record upon real property may be released upon the posting of a surety bond in the manner provided in sections 45-519 through 45-524, Idaho Code."
It is filed in the county court where the property is located. The lawsuit documents must be served on all of the defendants involved. Defendants are allowed enough time to respond to the complaint. In Idaho, the claimant must file the lien within 90 days after providing the labor, supplies or materials.
A mechanic's lien is a statutory lien secured by real or personal property for labor or materials used to improve, maintain, or repair property. The mechanic's lien provides a security interest that can be enforced by the holder against the piece of property if the debt is not paid.