Montana Complaint to Foreclose Construction Lien and for Other Relief
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FAQ
In a mortgage foreclosure, any judgment liens that were recorded after the mortgage will be wiped out by the foreclosure. Any surplus funds after the foreclosing lender's debt has been paid off will be distributed to other creditors holding junior liens, like second mortgages and judgment lienholders.
Your lawyer will help you decide whether to fight the lien in court or negotiate a settlement.In some, you may be able to fend off a lien if: You prove that you've paid your construction bills fully and on time. You prove that the contractor who filed the lien has breached his contract and doesn't deserve to be paid.
Mechanics Lien Foreclosure In California, a properly filed and recorded mechanics lien can lead the filing contractor to foreclose the customer's home. Normally, when a mechanics lien is foreclosed by its holder a foreclosure sale is forced on the homeowner.
Once a non-mortgage lien is placed on your home, the holder of the lien can choose to take one of two routes.For example, property tax liens may sometimes be foreclosed outside of court, while the holder of a mechanics' liens must typically sue the homeowner in court in order to foreclose.
After foreclosure, you might still owe your bank some money (the deficiency), but the security (your house) is gone. So, the deficiency is now an unsecured debt.
When a lien becomes public record, you may not be able to: Buy, sell, refinance, or transfer property.
The most common way to reduce or even eliminate mechanic's lien risk is through the use of lien waivers. A lien waiver is a private agreement in which a party surrenders the right to file a lien in exchange for payment.
A mechanics lien is one of the most effective payment recovery methods that can pressure construction clients to pay up.When a property gets foreclosed or goes bankrupt, all construction parties with a valid mechanics lien against the property may still recover payment through the proceeds of the foreclosure sale.
Generally, creditors receive the amount of money from the foreclosure sale equal to the borrower's unpaid debt plus any expenses taken on in collecting the debt. It's possible for other creditors to also receive their share of the proceeds. Any remaining proceeds can then go to the debtor.