Hawaii Stipulation for Attachment of Mechanic's and Materialman's Liens, for Deposit of Cash to Discharge Liens, and for Discharge of Liens and Order

When a contractor files a mechanics' (construction) lien on your home, the lien makes your home into what's called security for an outstanding debt, which the contractor claims is due and unpaid for services or materials.

Which of the following is a difference between a mechanic's lien and a judgment lien? The answer is MECHANIC'S LIENS ARE CREATED BY STATUTE. Whereas mechanics liens are created by statute, judgment liens are created by court decisions. Both may take priority before the recording date.

Mechanic's liens create a cloud on title, meaning that they appear in public property records. Liens are sometimes said to travel with the land, meaning that anyone who buys your house would take the property subject to the contractor's lien (or, more likely, demand that you pay it off first).

In Hawaii, all lien claimants must initiate the enforcement of the lien within 3 months from the date on which the lien attached. 3 10 days after the lien is filed, a court will determine if probable cause exists for the lien. If probable cause is found, the lien attaches on that date.

In California, money judgments are enforceable by a writ of execution. In order to enforce the judgment lien, the judgment creditor must obtain a writ of execution, levy and then sell the real property at an execution sale.

To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the lien.

The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.