A mechanic’s or materialman’s lien allows an individual, who provides services or materials, to put a lien on the property that the services and materials were used for. In order to have a valid mechanic’s or materialman’s lien, the individual must be licensed with the Arizona Registrar of Contractors or be a company that provided the material. In addition, the lien must be filed with the County Recorder and notice must be served on the owner of the property within 20 days of providing the service or materials. Any foreclosure suit must be filed within six months of the recording date or the lien will expire. The foreclosure process includes filing a claim with the court, filing a Notice of Lis Pendens, awaiting approval from a judge to foreclose, and selling the property.
Obviously, there are a number of specific requirements in order to secure, retain, and possibly enforce a mechanic’s and materialman’s lien. Due to the specific requirements, many of these liens are found to be invalid for lack of compliance.
If you are a service provider or a property owner and would like to discuss the implications of a mechanic’s or materialman’s lien, call Skinner Law Group today at (480) 422-3440 to schedule your real estate consultation.