How Do I File an Enforceable Mechanic’s Lien?
Ben J. BilimekBen J. BilimekIndiana has specific laws on mechanic’s liens in order for one to be enforceable. Particularly on who is allowed to file one and the required information that must go into the lien documents. Contractors and subcontractors are permitted to file a mechanic’s lien on real estate if certain rules are met. Specifically, the contractor or subcontractor performed labor or furnished materials for the erection, alteration, repair, or removal of the real estate.
The mechanic’s lien, itself, requires several documents and pieces of information that without could result in the lien being unenforceable. The documents include a sworn statement and a notice of intention to hold a lien upon the property that is filed in the recorder’s office. The statement and notice of intention to hold a lien must include the amount claimed, the name and address of the one filing the lien, the owner of the real estate’s name and address, the address of the real estate the lien is being sought for, the legal description of the real estate, and potentially other details depending on the type of real estate.
If the real estate is residential, the mechanic’s lien must be filed within 60 days after the last day of performing work or furnishing materials for the real estate. One should consult an attorney to determine whether you are entitled to filing a mechanic’s lien and the steps you need to take in order to file one as the requirements are specific and vary depending on whether the real estate is residential or commercial.
