What is a Mechanic’s Lien?
Mechanic’s lien is a mechanism used by contractors and suppliers to force payment of outstanding monies due from the owner, tenant or land owner. A Mechanic’s Lien will assure that the owner completes all required payments to the contractors participating in the project. It is also called a material man’s lien or supplier’s lien.
What is a Mechanic Lien Bond?
If a contractor allegedly receives no payment for products or services, he or she can file a Mechanic’s Lien which prevents the other party from selling or transfer property and it allows the contractor to sue the other party.
With a Mechanic Lien Bond, the surety company guarantees the claim in the event that the court enforces the payment of the claim. It guarantees that the payment will be made if the lien is not successfully contested.
If a subcontractor has put a mechanic’s lien on your property, you can get a Discharge of Mechanic’s Lien Bond to remove the lien from your property.
How Does a Discharge of Mechanic’s Lien Bond Work?
A discharge of Mechanic’s Lien Bond allows property owners to do with their property what they would if a lien was not present: sell the property, get further remodeling done, etc. In a way, it works as an extension of credit. The bond proves that the property owner has sufficient funds to pay the people involved.
The word discharge can cause some confusion. A Discharge of Mechanic’s Lien Bond does not extinguish the mechanic’s lien entirely. It discharges the lien from the property and attaches it to the bond.
The bond is usually issued at a percentage over the lien amount, depending on the state in which the lien was place.
Purpose of a bond to discharge a Mechanic’s Lien Bond
There are a few types of bonds that tie in with construction. Each of them serves an entirely different purpose.
Two common people that need to obtain a discharge bond are the property owner and the contractor who is obliged to discharge any mechanic’s liens filed by suppliers or subcontractors
It removes the mechanic’s lien from a real property and the mechanic’s lien then attaches to the bond until it is discharged some way.
Frequently Asked Questions
Q Is there only one person responsible?
A: Sometimes. When building a multi-family property all owners could potentially be part of the process and everyone will be responsible for a portion of the claim.
Q: How long does a mechanic’s lien last?
A: Once filed, the mechanic’s lien will last for a period of one year. Mechanic’s liens on private commercial projects and on public improvements may be extended for one additional year.
Q: How do I satisfy a mechanic’s lien?
A: A satisfaction of a mechanic’s lien can be filed with the County Clerk (or the public entity) where the mechanic’s lien was filed. That is after you either post the Bond or pay off the lien.
The following information should be included to insure a quicker response.
1) A complete court bond application – Will provide a basic overall of the bond being requested, as well as information on the principal requesting the bond.
2) Copy of the mechanic’s lien – A copy of the mechanic’s lien will provide information to the amount of the lien and parties claiming that payment still due.
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