What is a lien?
A lien is a legal claim against a piece of property. A lienee is somebody who grants a lien, and a lienor or lien holder is the person benefited by the lien.
There are many reasons somebody would desire a lien. Liens provide security, granting a person or organization an opportunity to seize property, garnish pay, or other legal actions to satisfy debts and obligations. Liens are also often part of the public record, informing potential creditors and others about existing debts.
Do you have a wrongful lien?
A “wrongful” lien is a lien that is not authorized by: state or federal statute, a state court order, or an authorizing document signed by the owner of the real property.
For example, construction liens protect contractors from the possibility of not being paid for work done on a particular piece of property. If the lien (or lack of lien) was not authorized by the state, a state court order, or an authorizing document signed by the owner of the property, it would be considered “wrongful”
If you believe that a wrongful lien has been placed on your real property, you can ask your local county court to “nullify” or remove the lien by filing a petition. Counseling with a professional could also prove beneficial in situations like this.
Is it too late to file a lien?
Because liens stress exactness and are very fact-intensive, it would be advised that you speak with a construction lawyer to decide your options. The lawyer will review documents and speak with you about the situation and decide whether you will be able to file a lien.
The sooner you choose to speak with an attorney the better.
How do I file a construction (ie mechanics) lien in Utah?
Your first step in filing a construction lien in Utah is to file a preliminary notice. In Utah preliminary notice is required for all construction participants.
Timing is important. Be sure to file your notice early because missing the deadline could put your mechanics lien in jeopardy.
A Utah Notice of Retention must be filed at least 20 days after you start performing pre-construction to a project whereas a Utah Preliminary Notice must be filed within 20 days after the Notice of Commencement has been filed or within 20 days after you start providing construction service.
If you have any questions about this process, or believe you have been victim to a wrongful lien, Sumsion Business Law is ready to assist with its well practice construction lawyers.