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
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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.