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Mechanics Liens: What Homeowners Must Know Before Paying

Mechanics Liens: What Homeowners Must Know Before Paying

Season 2 Episode 67 Published 1 month, 3 weeks ago
Description

Mechanics liens can attach to your home even when you paid your contractor on time for every single draw. A lumber yard you never spoke to, a truss manufacturer you never hired, can file a legal claim against your property if your general contractor didn't settle their account. You can do everything right, pay every invoice early, keep perfect records, and still receive a certified letter nine months after your project wraps saying there's a claim against your house.

GET YOUR FREE LIEN PROTECTION TRACKER

That scenario is exactly why this episode exists. Bill Reid walks through the mechanics lien system from both sides of the table — what it protects, how it works, and the one discipline that keeps your title clean from start to finish.

WHAT YOU'LL DISCOVER

A lien is a legal claim against your property for unpaid labor or materials. It can come from people you never hired, which means paying your contractor in full is not by itself protection. The lien system was built to protect the guy who framed your walls and can't repossess his work once it's inside your house. The same process, run correctly, protects you.

The real damage of a lien usually isn't a forced sale. It's the day you're sitting at a closing table trying to sell your house or waiting on a refinance that's going to save you six hundred dollars a month, and everything freezes over a bill you already paid once. A lien clouds your title. Escrow will not close until it's resolved. Lenders stop when they see an unresolved claim. That's the scenario Bill wants to make impossible for you.

The preliminary notice is not a threat. It's the single most useful document you'll receive during your project. It's a formal heads-up sent early in the job by subcontractors and suppliers who don't have a contract with you. It says they are furnishing labor and materials to your property and they are preserving their right to make a claim if they don't get paid. The notice gives you a roster. You hired one company. That company might bring twenty-five businesses onto your property. You cannot track all of them. The notice tracks them for you.

In California, it's called a preliminary 20-day notice. Other states call it a notice to owner, notice of furnishing, or pre-lien notice. Same animal. Who sends it? Subs and suppliers — the framer, electrician, plumber, drywall crew, lumber yard, cabinet shop, truss company, concrete plant. Your general contractor typically doesn't have to send one because he contracted directly with you. Exception: if there's a construction lender involved, your GC generally does have to send one to protect his own rights with the lender in the picture.

How it's sent: certified mail, return receipt, or hand delivered. The sender needs to prove you received it. The timing matters. In California, the notice has a twenty-day clock from the first time that company delivers material or performs work. Other states run different windows. If the notice is late, the sender doesn't necessarily lose everything. In California, a late notice generally only reaches back a limited number of days before the day they sent it. Old deliveries are outside their reach.

What you do with the envelope: keep every single one in a folder. Read what's on it — the company name, what they're providing, the dollar amount they've noticed for. That's your roster of who could make a claim against your home. Match that roster against your payments. When your contractor comes to you for the next progress payment, you are not guessing. You have names. And names let you ask the right question.

The lien release is the habit that makes you safe. Money goes out, signed paper comes back. That's the discipline. A lien release is a signed document in which a contractor, subcontractor, or supplier gives

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