You’ve prepared your mechanic’s lien and sent it off to the county recorder. Over the next week or so you refocus your efforts back to the other pressing tasks of your construction business. Another week goes by and you receive a letter in the mail. Hoping to see proof that your lien has been recorded, you open the package to find that your lien has actually been rejected. Now, you’re back at square one. In part one of this article, we discussed reasons why a lien is rejected. In this second article part, we’ll provide a list of questions to ask the recorded and discuss your next steps. Our Fort Lauderdale construction lawyers have helped numerous construction professionals navigate the complex mechanic’s lien process. Let us help you.
When in Doubt Ask Questions
Many counties have different requirements. The smallest mistake could cause your lien to be rejected. So, when in doubt, ask questions before submitting your lien for recording. First, ask the county recorder if there is anything you need to know about their process and requirements. Following are the types of question you can ask:
- Is this the right office to record my mechanic’s lien?
- Is an online option for recording available?
- What is the correct address to send this mechanic’s lien to?
- What form of payment do you accept?
- What address should I make my check out to?
- Will my lien be recorded the day you receive it?
- When should I accept the recorded lien back from your office?
- Are there any special requirements I should know about?
What Are the Next Steps?
Our Fort Lauderdale construction lawyers understand how frustrating a rejected lien can be, but all is not lost. If you have given yourself plenty of time to file your lien, you can still update whatever the recorder has specified as missing or incomplete and submit it again as long as you still have time to meet the deadline.
Don’t jeopardize your lien rights and forfeit your payment by making costly mistakes. Mistakes such as not serving the owner with a Notice to Owner, filing a lien deemed to be fraudulent, or missing critical deadlines can easily be prevented with the guidance of an experienced Fort Lauderdale construction lawyer.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.