District of Columbia Complaint or Petition to Foreclose on Mechanic's Lien

State:
Multi-State
Control #:
US-01538BG
Format:
Word
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Description

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.


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FAQ

If the contractor?or subcontractors, workers or suppliers?who provide goods or services to improve your property aren't paid, they can file what is called a mechanics lien on your property.

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.

If the contractor - or the subcontractors, workers or suppliers - who provide goods or services to improve your property aren't paid, they can file what is called a mechanic's lien on your property.

In order to enforce a perfected mechanic's and materialman's lien against a private construction project in Texas, a lawsuit must be filed seeking the foreclosure of the lien. A mechanic's lien can only be foreclosed on the judgment of a court of competent jurisdiction. (Texas Property Code Sec.

Purpose: To establish rights to mechanics' lien, stop notice, or payment bond for both public and private works. Filed By: Subcontractors, supplier, other with no direct contact with private owner or lender, or with public agency. Prime does NOT file. When: No later than 20 days after first supplying goods or services.

A mechanics lien is a "hold" against your property, filed by an unpaid contractor, subcontractor, laborer, or material supplier, and is recorded with the county recorder's office. If unpaid, it allows a foreclosure action, forcing the sale of the property in lieu of compensation.

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid.

Generally, a DC mechanic's lien has priority over all liens and mortgages that attach to the property after work was commenced. A DC mechanic's lien does have priority over construction loan advances made after the claimant filed its Notice of Mechanic's Lien.

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District of Columbia Complaint or Petition to Foreclose on Mechanic's Lien