Maryland Complaint to Establish and Enforce Mechanics' Lien
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FAQ
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.
A mechanics lien is a legal claim on the property for unpaid construction work or supplies. Once claimants file a mechanics lien in California, the owner's property turns into collateral, allowing claimants to secure the service they rendered or the supplies they provided.
California Mechanics' Lien law provides special protection to contractors, subcontractors, laborers and suppliers who furnish labor or materials to repair, remodel or build your home.The mechanics' lien is a right that California gives to workers and suppliers to record a lien to ensure payment.
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.
Enforcing your lien claim means actually filing a lawsuit to enforce the action and foreclose on the property itself.Since a mechanics lien gives you a security interest in the property, a foreclosure action is a way to squeeze the funds out of the property.
In Maryland, all mechanics liens must be filed within 180 days from last providing materials or labor. In Maryland, a lien claimant is required to initiate his enforcement of the lien by filing a Petition to Enforce the lien within 1 year from the date on which the Petition to Establish the lien was filed.
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.
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.