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Today my name is Mark Malloy I'm here with the Miller Law Firm today and I wanted to speak with you about the requirements of filing mechanic's lien against a homeowner you have a dispute with when you have a dispute with payment with a homeowner who's refusing to pay you for the work that you've done one of the things need to consider is how to file or can you file a mechanic's lien and perfect that mechanic's lien against the homeowner if you have a direct contract with the homeowner that's the first question who's your contract with if you're a subcontractor to a contractor you have to make sure you file your 20-day preliminary notice, and you want to make sure that the 22-day preliminary notice is filed within 20 days of first appearing at the project as long as that's not it covers 20 days back from the time that it was sent out by certified mail return receipt requested to the homeowner the contract or any lender on the project and once that's done you've perfected your mechanic's lien rights should you need to file a mechanic's lien later on if your contract however is directly with the owner a 20-day preliminary notice is not required, and you can file a mechanic's lien once you're not getting paid by the homeowner for the work that you've done now the thing to remember about finally a mechanic's lien whether you've filed a 20-day preliminary notice are required to or not is that you need to file a mechanic's lien within 90 days of leaving the project meaning once you stop work either by finishing the project or stop work because you're not getting paid the mechanics lien needs to be recorded in the County Recorder's office where the home is located within 90 days of your departure from the project or last work on the project and that could range if you come back to work on the project you leave for a couple of weeks but come back to finish up some cabinetry or something like that 90 days from the last time you are at the project once that's recorded your mechanic's lien rights perspective perfected, but then you need to file a complaint in order to perfect your mechanic's lien rights within 90 days of recording the mechanic's lien so remember those timelines are very specific and very critical and there's strict liability in terms of finding those if you blow one of those time frames you lose your mechanic's lien rights against that particular homeowner, and you want to make sure that you don't do that when you come to see an attorney like myself or one of your own choosing close by you to perfect that and file a lawsuit to recover the money you're owed on a particular project this is a short informational discussion about filing mechanic's liens against a particular homeowner that you're owed money to if you have any further questions feel free to visit our website www.investmentpitch.com
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