Question 1

What is a mechanic's lien?

Accepted Answer

A claim that contractors, subcontractors, and suppliers can place on a property when they haven't been paid for work or materials. It attaches to the property itself — not the person — which means the property can't be sold clean until the lien is resolved. Filing requirements and deadlines vary by state.

Question 2

How do I file a lien?

Accepted Answer

File a lien statement with the county recorder or clerk where the property is located. Most states require specific information: the property description, amount owed, work performed, and the property owner's name. Many states also require a preliminary notice before you can file a lien. Missing any step can invalidate it.

Question 3

How long does a lien last?

Accepted Answer

It varies by state — typically 6 months to 2 years from the filing date. After that, you must file a lawsuit to enforce it or the lien expires. In California, it's 90 days from filing. In New York, it's 1 year. Check your state's specific deadline.

Question 4

Can a lien affect my credit?

Accepted Answer

Tax liens can appear on credit reports and damage your score. Mechanic's liens don't directly appear on credit reports but can show up in title searches, preventing you from selling or refinancing. Judgment liens (from court judgments) also show up and affect creditworthiness.

Question 5

What happens if someone puts a lien on my property?

Accepted Answer

You can't sell or refinance the property with a clear title until the lien is resolved. Options: pay the debt, negotiate a settlement, post a bond to release the lien, or challenge it in court if you believe it's invalid. Ignoring it won't make it go away — it could lead to a forced sale.

Question 6

Can a lien be placed on my property without my knowledge?

Accepted Answer

Yes. Mechanic's liens, tax liens, and judgment liens can all be filed without your prior consent. That's why title searches are essential before buying property. You should also monitor your property records periodically, especially if you've had recent construction work or tax disputes.

Lien

Definition

In Practice

Common in these contract types

Related terms

Frequently asked questions about lien

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