Liens. Types of Liens Statutory lien Equitable lien Contractual lien Voluntary vs. involuntary lien Mechanic’s or materials lien Judicial lien Tax lien.

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Presentation transcript:

Liens

Types of Liens Statutory lien Equitable lien Contractual lien Voluntary vs. involuntary lien Mechanic’s or materials lien Judicial lien Tax lien Artisan’s lien

Parties to a Lien Lienor – one who attaches a lien Lienee – party whose property is subject to the lien

Types of Mechanic’s Lien Statutes Consent statutes Contract statutes

Basics of Mechanic’s Lien Rights What property is subject to liens? All real property Exemptions: Public property Railways Property devoted to public use Property of quasi-public corporations

Basics of Mechanic’s Lien Rights Who can claim liens? Original or principal contractors Subcontractors Persons supplying labor Persons supplying materials Types of claims Written contracts Implied contracts (some states)

More Issues Involving Mechanic’s Liens Mechanic’s liens and fixture filings Mechanic’s liens and homestead exemption Mechanic’s liens and mortgages Termination of mechanics liens Waiver or release by agreement Constitutionality of mechanic’s liens