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Are you any of the following?
- Contractor
- Sub-Contractor
- Material Supplier
- Surveyor
- Engineering
Have you contributed to the improvement of real estate? Protect your rights through the proper use of Pre-Lien Notices and Mechanic's Liens.
MECHANIC'S LIEN STATEMENT:
- Service - a claimant must serve the Mechanic's Lien statement within 120 days of the claimant's last item of contribution.
- must be served personally or by certified mail.
- Filing - if real property is an Abstract property, it must be filed in the office of the County Recorder . If it is Torrens property, the lien must be filed in the office of the Registrar of Titles. If it is both, it must be filed in both.
- Overstatement - if a claimant has knowingly demanded in the Mechanic's Lien statement more than justly due, the claimant shall not be entitled to a Mechanic's Lien.
PRE-LIEN NOTICE
- Contractors - Pre-lien notice must be included in your contract.
- Subcontractors - must serve the property owner personally, or by certified mail, with pre-lien notice within 45 days after the subcontractor's first item of contribution.
- Owners - all are entitled to pre-lien notice.
- Exceptions - pre-lien notice is unnecessary when the contractor is managed by the same person that manages the owner.
It is very important to distinguish between a contractor or a sub-contractor as the notice required is very specific and governed by the Minnesota Statute. If it is not strictly complied with then a lien may not be filed against the real property and be held enforceable.
Contact Ulanowski Law Firm, P.L.L.C. or our lien company, A & H Lien Services, Inc., for a cost effective solution. You can get more information at www.ahlien.com
A & H Lien Services, Inc. provides the construction industry professionals with Mechanic's Lien services to preserve your lien rights and to allow you the ability to collect money owed to you for improvements and material made to real property.
** The above information is meant to be informative only. Please consult with an attorney for legal advice.
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