<span id="hs_cos_wrapper_name" class="hs_cos_wrapper hs_cos_wrapper_meta_field hs_cos_wrapper_type_text" style="" data-hs-cos-general-type="meta_field" data-hs-cos-type="text" >Mechanic's Lien is Filed, Now What?</span>

Mechanic's Lien is Filed, Now What?

The recording of a mechanic's lien is not particularly difficult.  Foreclosing on it is a different animal. 


Supposing all of your pre-lien requirements were properly satisfied, collecting on a mechanic's lien requires an action referred to as a mechanic's lien foreclosure.  As the lien holder, you are the Plaintiff in the action.  The action is filed in whatever county the property is located and every person or company with an interest in the property must be named in the Complaint.  For example, if Jane Debtor lives in Lino Lakes and has a mortgage with Lender One based in Hugo, you file the action in Anoka County, then server both Jane and Lender One.  Even though Lender One is domiciled in Washington County, it must participate in the Anoka County action.


In addition to filing the action with the court before serving the parties, you file a Lis Pendens with the county recorder.  That documents provides notice to all that there is an open litigation with claims affecting title to the property.  With that document on record, any possible conveyance of the of the property by the debtor is impaired.


Companies must be represented by counsel in court.  If you are sitting on a mechanic's lien, get counsel and act quickly so you don't lose your lien rights.  Keep in mind though, even if you lose your lien rights it does not mean you lose your right to collect the money you are owed.

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