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How do i enforce a mechanics lien? Can I foreclose on the property I have put a lien on?

Colorado

Put a roof on house, the owner didn't pay. Put a lien on the house, but how do I get paid? Can I force a foreclosure?

1 reply

Nov 4, 2020

To enforce a mechanics lien the claimant must initiate enforcement or lien foreclosure action. A lien foreclosure action is a lawsuit. Although representatives are able to represent themselves, this is rarely a good idea. Therefore, if a foreclosure is necessary, it's probably likely you're going to need a Colorado construction attorney

A foreclosure lawsuit to enforce a mechanics lien is a complicated process and can involve a large number of parties, consists of strict procedural issues, and in extreme circumstances, can result in the forced sale of the property. In addition, a foreclosure lawsuit can last a very long time and be very expensive. Yet, many mechanics lien statutes allow for the claimant to recover attorneys' fees and court costs if the suit is successful. Keep in mind, if your suit is ultimately not successful, then you will probably not get that money back. 

In addition, it will likely be helpful to read the 4 steps to take after filing a mechanics lien which includes: 

  1. Send a copy of the mechanics lien to everyone
  2. Communicate with the person most likely to pay & then call the property owner
  3. Send a Notice of Intent to Foreclose 
  4. File foreclosure lawsuit 

I hope that helps! 

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