Mechanic's Lien - Explained
What is a Mechanic's Lien?
Written by Jason Gordon
Updated at April 6th, 2023
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What is a Mechanic's Lien?
A mechanics lien, also known as an artisan's lien, is a type of lien that can be used by builders, contractors, material venders, laborers, and artisans offering specialized services. If the service provider is not paid for the work performed, the artisan can file a lien against the personal or real property of the debtor. This clouds title to the property and can incentivize the debtor to pay the artisan.
State and local law provides the means and procedure for perfecting a mechanics lien against the property of a debtor. This may include maintaining possession of personal property on which the work was provided. It may also include filing a lien against the debtor's property in the appropriate government office for such public filings.
These types of lien can be the basis for a forfeiture or foreclosure action. This means that the lienholder may be able to effectuate the sale of the debtor's property to pay the outstanding debt.
Back To: COMMERCIAL LAW: CONTRACTS, PAYMENTS, SECURITY INTERESTS, & BANKRUPTCY
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