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.
Washington 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
You must file the lien foreclosure action in a court that has jurisdiction over the property where you supplied materials or work. You will likely need to consult an attorney to file a foreclosure action. Such actions are expensive and time-intensive so make every effort to settle the matter first!
091 provides in relevant part: Every person claiming a lien under RCW 60.04. 021 shall file for recording ? a notice of claim of lien not later than ninety days after the person has ceased to furnish labor, professional services, materials, or equipment[.]
In the state of Washington, a judgment lien will remain attached to a person's property for ten years. The ability of a creditor to collect under a judgment lien can be affected by several factors.
A Washington mechanic's lien is effective for 8 months after the date of recording/filing. You can enforce action on the lien within this time period. The lien expires when you fail to take action in enforcing the lien after the eight months have passed.
About Washington Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.
In California and Washington, the laws against unlicensed contractors are very strict ? unlicensed contractors have no recovery rights whatsoever. This means they cannot file a lien, or a lawsuit, or anything at all.
Petition a Washington State superior court or district court to have us remove the lienholder and issue you a clear title. You'll need to show the court proof that you've paid the lienholder in full. The court order will need to identify your vehicle by year, make, model, and vehicle identification number (VIN).
