Filing Lis Pendens In South Carolina In Harris
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Code Ann. § 29-5-10 et. seq., a contractor, subcontractor or supplier with a lien claim can file a mechanics' lien within 90 days of the date of the last furnishing of labor or materials. The claimant must then bring a lawsuit within 180 days of the date of last furnishing; otherwise, the lien claim dissolves.
SOUTH CAROLINA Final judgments create a lien upon real estate for a period of ten years. S.C. Code Ann. § 15-35-810.
In California, basically, anyone involved in a construction project can file a mechanics lien in the case of non-payment.
The lien may be enforced by petition to the court of common pleas for the county in which the building or structure is situated. The petition may be filed in term or in the clerk's office in vacation and the date of the filing shall be deemed the commencement of the suit.
The purpose of a lis pendens is to notify the public that a claim or lawsuit is being filed, or has been filed, against a person or business and their property. Thus, a lis pendens functions as a "cloud upon the title" on the property potentially being foreclosed upon.
The answer to your question is generally no. If someone wants to put a lien on the property, they must get the court's approval to do so. For example if it is a contractor, then they must advise the owner of their intent to place a lien on a home.
This can lead to misdemeanor, imprisonment, and excessive fines. Additionally, the property owner may utilize a legal route to protect themselves from unknowingly hiring an unlicensed contractor.
No, not if you are required to be licensed by law. South Carolina requires that a contractor be licensed in order to file a mechanics lien if the contractor performs work for which he is required by law to be licensed or registered. Also, his license or registration number must be provided on the claim of lien itself.
The purpose of a lis pendens is to notify the public that a claim or lawsuit is being filed, or has been filed, against a person or business and their property. Thus, a lis pendens functions as a "cloud upon the title" on the property potentially being foreclosed upon.
