Is a Lien Good as Long as it is Foreclosed Within the Proper Time Frame?
Full Question:
A lien claimant must bring an action to foreclose on a lien within one year of filing of the lien statement. So as long as you start the court case within the year period the lien is good as long as the action is in court?
08/07/2010 |
Category: Contractors ยป Construction... |
State: Kansas |
#22851
Answer:
We are assuming you're referring to a mechanics lien. By filing a suit to foreclose the lien within the proper time period, it prevents the lien from expiring. However, it is still possible for the property owner to claim the lien is invalid.
A lien does not last forever. Because it directly affects the owner’s title, it has a limited duration and must be enforced within a short period of time. That enforcement is done by filing a lawsuit to foreclose. Just like the time deadlines for a Pre-Lien or Mechanic’s Lien, the courts strictly construe these time limits which are called statutes of limitation. If you file to foreclose even one day late, the lien is ineffectual.
