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.
Arizona 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
The easiest and most effective way to remove a mechanic's lien on your property is to negotiate with the contractor and settle the lien. If you do not want to pay the contractor money you feel they don't deserve, you can negotiate the conditions of payment.
An Arizona mechanics lien is only valid for 6 months. You will need to enforce your lien claim before this deadline expires. If you get paid, you must file a lien release form to discharge your lien claim within 20 days.
After you file An Arizona mechanics lien is only valid for 6 months. You will need to enforce your lien claim before this deadline expires. If you get paid, you must file a lien release form to discharge your lien claim within 20 days.
In Arizona, liens must be filed within 120 days from the completion of the project as a whole. However, if a notice of completion was filed, the deadline is shortened to 60 days from the date such notice was filed.
A mechanics lien automatically expires six months after it is recorded. Any lawsuit to foreclose the lien must be filed within that period, and a lis pendens must be recorded within five days of filing. (See our article, "Arizona Mechanics Lien Foreclosure 101.)
Once your lien claim form has been properly filled out and notarized, you will have to file it at the Arizona county recorder's office where the property being liened is located. Please note that Arizona requires a Certified Legal Document Preparer to sign the mechanics lien before it can be filed.
The state of Arizona also requires the action to enforce a lien must be initiated within 6 months from when the lien was recorded. In Arizona, the lien expires if enforcement is not initiated within that 6 months requirement.