Mechanic’s Lien Defense – Move It or Lose It!

This is syndicated content that was originally published on by Attorney Michael J. Wambolt of Sader Law Firm. Spring and summer kick off home improvement season here in Missouri and around the country. History shows a correlation between home improvement projects and an increase in mechanic’s lien lawsuits. When confronted with mechanic’s lien claims, many secured creditors rightly focus on whether they hold a purchase money deed of trust and whether the claimant complied with all statutory notice requirements. A less obvious defense centers on whether a mechanic’s lien claimant has diligently prosecuted its claim against all known or reasonably knows parties. Statutory requirements to timely prosecute a Mechanic’s Lien Claim. In Missouri, mechanic’s liens are creatures of statute and are governed by Chapter 429, RSMo. If a claimant fails to comply with applicable statutory requirements, the mechanic’s lien fails as a matter of law.…

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