What Makes a Mechanics Lien Invalid or Unenforceable?
For a residential homestead Property, the Original Contractor (the one hired by the Property Owner) does not have a written contract signed by both spouses.If this requirement has not been satisfied, then no one has Lien rights against the Property.If the Lien is a constitutional Lien (as opposed to a statutory Lien), then the contract must have been signed at a title company, lender’s office or before an attorney.
The Lien Affidavit was not filed within the statutory time period, e.g., by the 15th day of the third month (residential) or fourth month (commercial) from when the work was completed or the contract was terminated or abandoned.
The Lien Affidavit was not timely served on the Property Owner within 5 business days from being filed.
The Lien Affidavit does not contain all of the required information.
For anyone not hired directly by the Property Owner, the Notice of Claim was not timely served for all or a portion of the amount claimed owed.This Notice must be served by no later than the 15th day of the second month (residential) and third month (commercial) from each and every month unpaid labor, material, or equipment was provided to the Property.
The Notice of Claim does not include the required statutory notices.
A lawsuit to foreclose the Lien was not filed within one year from the last day the Lien could have been filed, thereby invalidating the Lien.
