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Old 02-21-2008, 04:53 AM
 
3 posts, read 15,969 times
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I am not familiar with the AR real estate law, thus I'm posting the question here.

Can the house foreclose due to unpaid mehcanic's liens?

Thanks in advance.
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Old 02-21-2008, 06:54 AM
 
Location: Hot Springs, AR
5,612 posts, read 15,113,639 times
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Wrong forum. Contact a lawyer. If they want to charge to answer the question, try Legal Aid or a Law School. They sometimes have public clinics to help with these questions.
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Old 02-21-2008, 08:39 AM
 
Location: Bella Vista, Ark
77,771 posts, read 104,711,350 times
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You can cantact any real estate agent. This is part of the training for Real Estate licencing. I don't know about AR, I do about Va, Ca and Texas.

Nita
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Old 02-22-2008, 01:30 AM
 
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Just stating an opinion, not to be confused with professional advice, but I don't believe a mechanics lien can instigate a foreclosure process. At least not to my knowledge.
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Old 02-22-2008, 04:31 AM
 
Location: The Great State of Arkansas
5,981 posts, read 18,268,930 times
Reputation: 7740
Here's something written by a local Little Rock attorney...under the mechanics and materialmen law. Have no idea when it was written. You need an attorney. I personally always thought the mechanic's lien was just for automotive, etc. Apparently I was wrong...again...

http://www.gill-law.com/system/documents/MM_lien_v2.pdf (broken link)
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Old 02-22-2008, 11:31 PM
 
288 posts, read 1,079,748 times
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If Mliway is the homeowner, his contractor needs the lawyer
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Old 02-23-2008, 12:23 AM
 
3 posts, read 15,969 times
Reputation: 12
Quote:
Originally Posted by Sam I Am View Post
Here's something written by a local Little Rock attorney...under the mechanics and materialmen law. Have no idea when it was written. You need an attorney. I personally always thought the mechanic's lien was just for automotive, etc. Apparently I was wrong...again...

http://www.gill-law.com/system/documents/MM_lien_v2.pdf (broken link)
Thanks Say I Am. The material was very helpful.
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Old 08-11-2009, 05:25 PM
 
1 posts, read 5,058 times
Reputation: 13
Default Arkansas foreclosure

YES, a mechanic's lien can get your property foreclosed on.

Had a contractor slap a lien on my property after he was 3 months late getting it out - still wasn't done. He did it as retalilation.
Even though we had written deadlines and draws.

The first 'real estate' lawyer didn't want to sue - said he could 'save' me money. With $1,500 a month in holding cost... he COST me a TON of money. He also didn't tell me after 15 months the lien will go POOF.... but I didn't know that. He tried to get me to 'settle' with the guy after about 12 months even though I had given him 4 checks and he was only due 3!

He though he would scare the heck out of me to get me to settle. He said I couldn't win. When he found out I wasn't as dumb as I appeared - he told me I should hire someone else because he didn't like my 'attitude'!

I took his advice hired a great lawyer in Conway - sued and won. My property is in Little Rock.

One caution... beware of 'real estate lawyers'. That is the second 'real estate' lawyer I've had a bad dealings with.

Just a woman in Arkansas
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Old 08-11-2009, 05:36 PM
 
Location: Not where you ever lived
11,535 posts, read 30,259,477 times
Reputation: 6426
It shouldn't. I think it is an excuse to foreclose. The Mechanic's Lien is normally disposed of at the sale if it was not paid previously. You cannot re-fi with a lien because it is a cloud on the title. Any mortgagor holding title can foreclose for any reason. Most generally it is done due to payment issues. The lien is a separate issue. But if your contract includes a caveat barring liens, than that leaves no leg to stand on.

An automobile repair not paid is not a mechanic's lien. I do not believe it can be placed on a house. The Mechanic's lien is for repairs -such as a new roof- that was never paid for. Most states don't let contractors who have agreed to take payments also place a lien on the property if the payments are timely. Every state is different. What is valid in CA or IL may not be valid in Arkansas and vice versa.

Last edited by linicx; 08-11-2009 at 05:47 PM..
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Old 08-11-2009, 07:05 PM
 
Location: Bella Vista, Ark
77,771 posts, read 104,711,350 times
Reputation: 49248
Quote:
Originally Posted by jgcarr View Post
YES, a mechanic's lien can get your property foreclosed on.

Had a contractor slap a lien on my property after he was 3 months late getting it out - still wasn't done. He did it as retalilation.
Even though we had written deadlines and draws.

The first 'real estate' lawyer didn't want to sue - said he could 'save' me money. With $1,500 a month in holding cost... he COST me a TON of money. He also didn't tell me after 15 months the lien will go POOF.... but I didn't know that. He tried to get me to 'settle' with the guy after about 12 months even though I had given him 4 checks and he was only due 3!

He though he would scare the heck out of me to get me to settle. He said I couldn't win. When he found out I wasn't as dumb as I appeared - he told me I should hire someone else because he didn't like my 'attitude'!

I took his advice hired a great lawyer in Conway - sued and won. My property is in Little Rock.

One caution... beware of 'real estate lawyers'. That is the second 'real estate' lawyer I've had a bad dealings with.

Just a woman in Arkansas
thanks for responding but did you realize the OP posted 18 months ago and never came back?

Nita
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