While it may seem that a mechanic’s lien should have something to do with the person who works on your car, it doesn’t. Under the law, a mechanic is anyone who provides labor, services, or supplies to improve real property — such as the carpenters and electricians you hire to work on your house. A mechanic’s lien is a legal hold against your real property by anyone who improves it through the provision of such services or supplies. Morrison, Ross and Whelan handles cases in mechanic’s lien law and other real estate litigation.
We handle your mechanic’s lien disputes related to:
Regardless of the type of contract giving rise to the lien, our attorneys will fight for your rights to property or payment.
There is no uniform mechanic’s lien law. Instead, the process of establishing or “perfecting” a mechanic’s lien is governed by state law. We understand the specifics of mechanic’s lien law in Virginia. Our substantial knowledge of state specifics such as pre-lien notice requirements, mechanic’s lien filing deadlines and parties who need to be notified gives you piece of mind and makes our attorneys uniquely qualified to represent you with confidence.
Our firm has a successful track record advocating for banks as priority lenders over mechanic’s lien holders in cases of foreclosure. We use experience derived from our extensive file of client wins to build your case, often successfully challenging assumptions on timing of improvements to property and the very eligibility of a worker to have a mechanic’s lien.
Although mechanic’s lien laws are designed to benefit workers, there are protections built into the process for other lenders and owners. Lien law requirements are specific, and the failure to follow them exactly can invalidate the mechanic’s lien. There are also limitations on the amount of time that lien filers have to act on the lien and to file a lawsuit to collect the money. If the time elapses without action on the lien filer’s part, you can demand that they execute a release of lien, freeing your title. If the lien filer refuses to comply, you can file an action in court to have the lien removed.
Call the attorneys at Morrison, Ross and Whelan at 540-349-6262 or contact us online for a consultation at our Warrenton office. We have the skills and experience to win your mechanic’s lien case.