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.
Maryland Complaint or Petition to Foreclose on Mechanic's Lien
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How to fill out Complaint Or Petition To Foreclose On Mechanic's Lien?
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FAQ
(2) If the property is subject to a special valuation under § 7-211 of this article, a lien: (i) arises on the date on which the interest in the property vests in possession; and (ii) continues for 20 years.
A judgment lien expires after 5 years from the date it is recorded but may be rerecorded once for another period of 5 years not less than 120 days before the expiration of the initial judgment.
Duration of lien. (2) 20 years after the date of assessment.
In Maryland, a sale or foreclosure of the property usually will cut off all lien rights. Until the lien has been established by a court, any ?bona fide purchaser? buys the property free and clear of any mechanic's lien claim.
A creditor who obtains a judgment against you is the "judgment creditor." You are the "judgment debtor" in the case. A judgment lasts for 12 years and the plaintiff can renew the judgment for another 12 years.
To establish a lien, a contractor or subcontractor must file a petition in the circuit court for the county where the property is located within 180 days after completing work on the property or providing materials.
Maryland is a consumer-friendly state. The statute of limitations allows a creditor three years to collect on debts. That's a shorter timeframe than many states. There also are limits on how long a debt collector has to collect on a debt.
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.