The right of lien generally arises by operation of law, but in some cases it is created by express contract. Laws regarding liens and notices of sale pursuant to an unsatisfied lien vary by jurisdiction, so local laws should be consulted.
Kansas Contract Provision Authorizing a Lien on Property Left for Repair and Sale of Property for Failure to Pay Repair Charges
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FAQ
Lien bonds are required by anyone that has a contractual obligation to remove a mechanics lien from a project. Most often this bond is used when a general contractor is having a dispute with a trade contractor and the trade contractor files a mechanics lien against the property to protect them against non-payment.
A mortgage lien is a type of voluntary specific lien, used when a bank lends money to purchase or refinance a home. Mortgages are secured loans, which creates a mortgage lien on the property.
In order for an artisan's lien to be valid, the lien holder normally must have possession of the property. The right of a lienholder to possess goods does not automatically give the lienholder the right to sell the goods or to claim ownership if his charges are not paid.
Which of the following is an example of circumstances under which a mechanic's lien might not be enforced? If a contractor performs deficient work.
Lien release bonds can be an effective way for owners to free their property from lien claims, enabling them to refinance or sell the property. However, it doesn't free them from the obligation to pay the debt. It simply substitutes one form of payment security for another.
Oftentimes the physical property acts as collateral under the lien; however, there are examples where a voluntary lien is applied to business loans, personal loans with collateral other than cars or homes, credit agreements, and even rent-to-own appliances.
The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.
How much does this bond cost? The cost is usually 2 5% of the bond amount, but will often require collateral. The pricing varies based on the bond amount, and the specifics of the dispute.
A voluntary lien is a lien where the owner of a property consensually grants another party legal claim to the property as security for the repayment of a debt. The debtor voluntarily grants the lien to the lender, and the property acts as collateral.
When a lien is bonded off, a payment bond is available to pay off the lien. This provides a guarantee for payment to the construction firm and allows the property owner to be able to sell, finance or transfer the property without fear of a lien on the title.
