An action to enforce a mechanic's lien on real property is commonly known as an action to foreclose a mechanic's lien. Enforcement of this statutory lien by foreclosure provides a method by which one who has added value to real property, due to construction or improvements, may compel payment for the benefit conferred and received. The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Colorado Complaint or Petition to Foreclose on Mechanic's Lien
Description
How to fill out Complaint Or Petition To Foreclose On Mechanic's Lien?
You can commit hrs on the Internet searching for the authorized papers design that suits the federal and state specifications you need. US Legal Forms gives a huge number of authorized types that are evaluated by specialists. It is possible to download or print the Colorado Complaint or Petition to Foreclose on Mechanic's Lien from my support.
If you currently have a US Legal Forms account, you may log in and then click the Download key. Next, you may full, change, print, or indication the Colorado Complaint or Petition to Foreclose on Mechanic's Lien. Each and every authorized papers design you acquire is your own for a long time. To obtain one more copy of any purchased develop, check out the My Forms tab and then click the corresponding key.
If you use the US Legal Forms site initially, follow the easy directions under:
- Very first, ensure that you have selected the right papers design for your area/city of your liking. Read the develop information to make sure you have picked out the correct develop. If available, take advantage of the Review key to search with the papers design at the same time.
- If you would like find one more variation of the develop, take advantage of the Search area to obtain the design that suits you and specifications.
- When you have found the design you need, click on Purchase now to carry on.
- Pick the pricing program you need, key in your qualifications, and register for a merchant account on US Legal Forms.
- Total the deal. You should use your Visa or Mastercard or PayPal account to pay for the authorized develop.
- Pick the format of the papers and download it in your device.
- Make adjustments in your papers if needed. You can full, change and indication and print Colorado Complaint or Petition to Foreclose on Mechanic's Lien.
Download and print a huge number of papers templates while using US Legal Forms web site, which provides the greatest variety of authorized types. Use specialist and express-specific templates to take on your organization or person needs.
Form popularity
FAQ
Mechanic's Lien Priority In the event of foreclosure or a sale of the property, Colorado law provides that mechanic's liens hold priority over other encumbrances recorded after the commencement of the work. However, they may be secondary to other encumbrances such as prior recorded mortgages.
To remove a lien on a motor vehicle, the owner (or agent with proper identification and power attorney) must provide our office with: The title with the lien release section properly signed and dated by the financial institution or lienholder. If completing this by mail a completed DR2395 Title Application is required.
Under this law, a property owner can file a petition in Court, and the Court will issue an order to the person or entity that filed the lien to explain why the lien is valid. If this person or entity fails to justify the lien, the Court will dispose of it and award attorney's fees to the petitioner. See C.R.S.
File a Surety Bond The district court will hold the surety bond and remove the lien. However, you will unfortunately not have access to the money until either the contractor forecloses on the surety bond or you can prove the lien is unenforceable.
After the mechanic's lien statement is filed, the lien claimant must foreclose within six months after the last materials were delivered or the improvements were completed. § 38-22-109(6).
Under the Colorado mechanic's lien law a lien claimant must file suit to foreclose his mechanic's lien within six months after the last work or labor is performed or the building is completed.
Mechanics Lien Release for Real Estate Located in Colorado The lien release form contains information about the lien claimant, the underlying mechanic's lien, and the property charged with the lien. By recording the document, the clerk at the recorder's office can locate the original lien and mark it as "discharged."
When a person or entity files a spurious lien, Colorado law provides for an expedited process whereby a property owner can dispose of this lien. Under this law, a property owner can file a petition in Court, and the Court will issue an order to the person or entity that filed the lien to explain why the lien is valid.
