Steve Heathman - GREEN, e-PRO
Steve@TiptonTnSteve.com

(901) 831-1394



USN,Retired
Relocation Services Millington
Military - House hunting - Short notice - call me night or day I will work until we find your new home.

Short notice transfer. I will aggressively Market your home using all the latest technology, huge numbers of Digital photos, color Brochures, Flyer's, email and MLS.
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  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 where full payment for the work of improvement has been made by the homeowner.

The mechanics' lien is a right that a state gives to workers and suppliers to record a lien to 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 mechanics' liens may be recorded by persons who have provided labor, services, or materials to a job site, 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's 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.


 

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10620 HWY 51 So., Atoka, TN 38004 tel: 901-831-1394 fax: 901-837-6818 Independently Owned and Operated.
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Information in this site deemed reliable but not guaranteed new or existing homes for sale in Tennessee, TN, Atoka, Munford, Brighton, Memphis, Burlison, Drummonds, Covington, Rosemark, Bolton, Braden, Quito, Kerrville, Memphis, Germantown, Collierville, Bartlett, Cordova, Arlington, Lakeland, Eads, Millington Oakland, Hickory Withe or Raleigh, including all Tipton, Shelby and Fayette County Real Estate & homes. Relocation Services to Atoka, Millington, Memphis. REO and BPO Broker services with CitiMortgage, First National Mortgage, BPO Tracker, Horizon Mgmt, Brentwood Asset Mgmt, Integrated Assets, Coast To Coast, Lenders Financial, Fidelity National Asset Mgmt, First American, Premiere Asset Services, USA Title, Asset Valuations, Lender Choice, Clear Capital, Midland Mortgage, REO Trans, REO Nationwide, Imortgage Services, Wells Fargo Mortgage, Goodman Dean, Keystone Asset Mgmt, MGIC, USRES, Solutions Valuations, Chase Manhattan, Nationwide REO Brokers, Option One, OCWEN, O'Marketing, PMI Mortgages, ServiceLink, National Link, USA Valuations, LSI/Market Intelligence Inc, MLS Data here is useful to buy or sell homes or other real estate homes, condos, Homes on a golf course like Fairway Estates, Links,and town homes in Tennessee, TN, Atoka, Munford, Brighton, Drummonds, Covington, Rosemark, Bolton, Braden, Quito, Kerrville, Memphis, Germantown, Collierville, Bartlett, Cordova, Arlington, Lakeland, Eads, Millington Oakland, Hickory Withe or Raleigh. MLS homes of a RealtorŪ or other buyer or seller. Data helps find MLS home, condo or real estate town home, MLS, or residential real estate other properties in Tennessee, TN, Atoka, Munford, Brighton, Drummonds, Covington, Rosemark, Bolton, Braden, Quito, Kerrville, Memphis, Germantown, Collierville, Bartlett, Cordova, Arlington, Lakeland, Eads, Millington Oakland, Hickory Withe or Raleigh. Steve Heathman serves these cities as a RealtorŪ. He serves real estate clients looking for homes and condos and town homes and lots and property in Atoka, Munford, Brighton, Drummonds, Covington, Rosemark, Bolton, Braden, Quito, Kerrville, Memphis, Germantown, Collierville, Bartlett, Cordova, Arlington, Lakeland, Eads, Millington Oakland, Hickory Withe or Raleigh and nearby cities, supplying MLS and schools information. His real estate buyers and sellers in Atoka, Munford, Brighton, Drummonds, Covington, Rosemark, Bolton, Braden, Quito, Kerrville, Memphis, Germantown, Collierville, Bartlett, Cordova, Arlington, Lakeland, Eads, Millington Oakland, Hickory Withe or Raleigh are NUMBER 1.

Steve Heathman, 2007


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