An action to enforce a mechanic's lien on real property is commonly known as an action to foreclose a mechanic's lien. Enforcement of this statutory lien by foreclosure provides a method by which one who has added value to real property, due to construction or improvements, may compel payment for the benefit conferred and received. The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alaska Complaint or Petition to Foreclose on Mechanic's Lien
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How to fill out Complaint Or Petition To Foreclose On Mechanic's Lien?
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FAQ
Ing to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder's office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties.
A mechanic's lien foreclosure action is a lawsuit commenced by the unpaid lienor to force the sale of the property so that the lien can be satisfied out of the proceeds of the sale; Contractor must foreclose within one year after work is completed; Action should be brought within two years after commencement.
Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid.
Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid. Property owners need to be aware of the process so they can avoid financial and legal pitfalls.
The lien claim is filed in a county recorder's or clerk-recorder's office by an unpaid contractor, subcontractor, supplier, or worker. The prime contractor has a direct, contractual agreement with the homeowner. If the contractor isn't paid, he or she can sue on the contract and/or record a mechanics lien.
If contractors and suppliers don't get paid on a construction project in Alaska, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.
If the design professional is not paid, the design professional can file a lawsuit to foreclose on the design professional lien to have the property sold and the proceeds from the sale used to satisfy the amount of the design professional lien.
Purpose: To establish rights to mechanics' lien, stop notice, or payment bond for both public and private works. Filed By: Subcontractors, supplier, other with no direct contact with private owner or lender, or with public agency. Prime does NOT file. When: No later than 20 days after first supplying goods or services.