CLAIM OF LIEN
Information & Benefits:
The following information and benefits is what distinguishes us from other online providers.
Summary
A lien is any legal claim on real property that acts as a security for the payment of a debt or other obligation. If the debt is not repaid as promised, the lender or the lien holder can foreclose its claim on the property and force a public sale to pay the debt. In some states, if you own the home you live in, your home is protected from most creditors except those holding a mortgage or lien on your residence. Under most circumstances, a lien cannot be placed on your home for an ordinary debt. However, creditors who improve or repair your home may put a lien on it to secure the payment for such work. Besides the actual mortgage note on your home, this is the most common form of lien - otherwise referred to as a mechanics' lien. This is a claim against the property being improved, which can be filed by anyone who provides materials or does work on the project and doesn't get paid.
The Notice of Commencement
Usually, a Notice of Commencement is recorded before improvements start and it is the duty of the owner to prepare and sign and record such notice and to post a certified copy at the work site.
Request for copy of list of subs and suppliers
An owner generally has the right at any time to request in writing a list of all subcontractors and suppliers who have a contract with the contractor to furnish materials or perform any services. The contractor should respond to the request by furnishing the list within a reasonable amount of time following receipt of the request.
Notice to Owner
Most lienors are required to serve the owner with a notice of lien within a specific period of time from the lienor's first work or delivery of materials at the site.
Request for Sworn Statement
The owner may request, at any time before the lienor files suit to enforce its lien, that the lienor furnish a written statement listing specific information.
Recording of Claim
The claim of lien must be recorded in the county where the improved property is located within a specified period of time.
Service of Claim
Under most statutes, the lienor is required to serve a copy of the claim of lien within a specific period of time after recording the lien.
Alternative
As a condition to the owner making, and the contractor being entitled to receive, final payment, the contractor may be required to give to the owner lien waivers from everyone who the contractor is responsible for paying. In fact, under the laws of many states, a contractor must provide a waiver for all work for which the contractor has been paid, before accepting any further payment from the owner for additional work. In some states, neither the contractor nor the subcontractor may "waive" his or her mechanics' lien rights until payment is actually made whereas in other states a waiver is legally permissible.
GET A QUOTE FOR YOUR AGREEMENT HERE
Spiegel & Utrera, P.A. : Affordable Agreements. Custom-Fit Contracts.
Why do I need a Legal Contract or Agreement?
Our Office
Miami
1840 Coral Way
4th Floor
Miami, FL 33145
Toll Free: (800) 603 - 3900
(305) 854-6000
Fax: (305) 857-3700
Natalia Utrera, Esq.,
Managing Attorney
New York City
1 Maiden Lane
5th Floor
New York, NY 10038
Toll Free: (800) 576-1100
(212) 962-1000
Fax: (212) 964-5600
Nicolas Spigner, Esq.
Managing Attorney
Clifton, NJ
642 Broad St., Suite 1B
Clifton, NJ 07013
Toll Free: (888) 336-8400
(973) 473-2000
Fax: (973) 778-2900
Sandy A. Adelstein
Managing Attorney
Los Angeles
8939 S Sepulveda Blvd.
Suite 400
Los Angeles, CA 90045
Toll Free: (888) 520-7800
(310) 258-9700
Fax: (310) 258-9400
Nicolas Spigner, Esq.
Managing Attorney
Delaware
9 East Loockerman Street
Suite 202
Dover, DE 19901
Toll Free: (888) 641-3800
(302) 744-9800
Fax: (302) 674-2100
Courtney Riordan, Esq.
Managing Attorney
Las Vegas
2545 Chandler Avenue
Suite 4
Las Vegas, NV 89120
Toll Free: (888) 530 4500
(702) 364 2200
Fax: (702) 458 2100
Joel S. Beck, Esq.
Managing Attorney
Chicago
Continental Office Plaza, Suite L12
2340 Des Plaines River Road
Des Plaines, IL 60018
Toll Free: (888) 514-9800
(312) 443-1500
Fax: (312) 443-8900
Michael C. Welchko, Esq.
Managing Attorney
General Counsel Club®
Unlimited Legal & Business Advice
LEARN MORE!
Toll Free: 1 (800) 734 - 9900
Fax: 1 (800) 520 - 7800
ClubAssist@AmeriLawyer.com
Natalia Utrera, Esq.,
Managing Attorney
STARTING A BUSINESS
There are many benefits to starting a business and incorporating. Some of the benefits of starting a business include protection of your personal assets, ease of raising capital, gain anonymity, available tax benefits and more!
Material presented on AmeriLawyer.com is intended for information purposes only. It is not intended as professional advice and should not be construed as such. The U.S. Treasury Department requires us to inform you than any information obtained from this website is not intended or written by our law firm to be used, and cannot be used by any taxpayer, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Advice from our firm relating to Federal tax matters may not be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer.
Copyright © 2022 Spiegel & Utrera, P. A. All Rights Reserved