Mechanic’s Liens

The Mechanics’ Lien law provides special protection to contractors, subcontractors, laborers and suppliers who furnish labor or materials to repair, remodel or build your home.

If any of these people are not paid for the services or materials they have provided, your home may be subject to a mechanics’ lien and eventual sale in a legal proceeding to enforce the lien. This result can occur even when the homeowner has made full payment for the work of improvement.

The mechanics’ lien is a right that a state gives to workers and suppliers to record a lien and ensure payment. This lien may be recorded where the property owner has paid the contractor in full and the contractor then fails to pay the subcontractors, suppliers, or laborers. Thus, in the worst case, a homeowner may actually end up paying twice for the same work.

The theory is that the value of the property upon which the labor or materials have been bestowed has been increased by virtue of these efforts and the homeowner who has reaped this benefit is required in return to act as the ultimate guarantor of full payment to the persons responsible for this increase in value. In practice, a homeowner faced with a valid mechanics’ lien may be compelled to pay the lien claimant and then pursue conventional legal remedies against the contractor or subcontractor who initially failed to pay the lien claimant but who himself was paid by the homeowner. Another justification for this result relates to the relative financial strengths of the parties to a work of improvement. The law views the property owner as being in a better situation to absorb the financial setback occasioned by having to pay the amount of a valid mechanics’ lien, as opposed to a laborer or material man who is viewed as being less able to absorb the financial burdens occasioned by not being paid for services or materials provided in connection with a work of improvement.

The best protection against these claims is for the homeowner to employ reputable firms with sufficient experience and capital and/or require completion and payment bonding of the construction work. The issuance of checks payable jointly to the contractor, material men and suppliers is another protective measure, as is the careful disbursement of funds in phases based upon the percentage of completion of the project at a given point in the construction process. The protection offered by mechanics’ lien releases can also be helpful.

Even if a mechanics’ lien is recorded against your property you may be able to resolve the problem without further payment to the lien claimant. This possibility exists where the proper procedure for establishing the lien was not followed. While it is true that persons who have provided labor, services, or materials to a job site may record mechanics’ liens, each is required to strictly adhere to a well-established procedure in order to create a valid mechanics’ lien.

Needless to say, this is one area of the law that is very complex, thus it may be worthwhile to consult an attorney if you become aware that a mechanics’ lien has been recorded against your property. In the event you discover that a lien has been recorded but no effort has been made to enforce the lien, a title company may decide to ignore the lien. However, be prepared to be presented with a positive plan to eliminate the title problems created by this type of lien. This may be accomplished by means of a recorded mechanics’ lien release from the person who created the lien, or other measures acceptable to the title company.

As in all areas of the real estate field, the best advice is to investigate the quality, integrity, and business reputation of the firm with whom you are dealing. Once you are satisfied you are dealing with a reputable company and before you begin your construction project, discuss your concerns about possible mechanics’ lien problems and work out, in advance, a method of ensuring that they will not occur.

The Great Smoky Mountains Tn Homes for Sale and The Great Smoky Mountains TN Real Estate For Sale - The Justice Team of Exit Triple “E” Realty provides services with Real Estate For Sale and Homes For Sale to home buyers and home sellers in Morristown Tennessee, Hamblen County Tennessee, Talbott, Russellville, Bean Station, Dandridge, Mooresburg and surrounding communities.

If You Are Serious About Listing Your Home

If you really serious about selling your home, then there are a few things that need to be put away. When people enter your home, they need to see how much space it really has. They can't past a lot of clutter and imagine their belongings in the house.

My advice is to think about how serious you are to get your home sold and how fast you need to make the move. Pack your stuff away. Hey, you are moving anyway so go ahead and get it done.

I'll sell it much faster and all is well with both buyer and seller.

The Great Smoky Mountains Tn Homes for Sale and The Great Smoky Mountains TN Real Estate For Sale - The Justice Team of Exit Triple “E” Realty provides services with Real Estate For Sale and Homes For Sale to home buyers and home sellers in Morristown Tennessee, Hamblen County Tennessee, Talbott, Russellville, Bean Station, Dandridge, Mooresburg and surrounding communities.

Duty Calls

I had a day planned to get caught up on a little housework then the family was coming over to help decorate before it gets any colder. Today was a nice day to get it done. My husband was suppose to help and he had something else to do which took up a couple hours and he took 2 of the boys to help him. My granddaughter couldn't make it at all because she went to stay with a friend.

After getting everything out of storage with the help of my daughter and son-in-law, we had a very good plan in place. But that is all I had since the phone rang and a referral that I was working on, was ready for me to come list their house. So when duty calls we are on the road.

I came home to find that the boys had done a lot of the decorating for me. I was really impressed. Great bunch of guys.

The Great Smoky Mountains Tn Homes for Sale and The Great Smoky Mountains TN Real Estate For Sale - The Justice Team of Exit Triple “E” Realty provides services with Real Estate For Sale and Homes For Sale to home buyers and home sellers in Morristown Tennessee, Hamblen County Tennessee, Talbott, Russellville, Bean Station, Dandridge, Mooresburg and surrounding communities.