How Long Does a Lien Last?
As a construction professional, you're probably very familiar with the process of filing a mechanics lien, from collecting the necessary job information up front to sending the notices your state requires. You should have a good business process set up that helps you track invoices and timelines so you can send a notice and file your lien in a timely fashion. Most issues resolve themselves fairly quickly after you file a lien, but not all, so you still need to track the lien after filing it so you can take action or remove it when the time is right.
How long your lien lasts varies from state to state and project to project. At the end of the lien's life, you must either begin a foreclosure action or extinguish the lien. These timelines can be as short as 6 months or as long as 6 years. You need to know when each different lien expires so you can decide, before that date, whether you're going to try and collect on the lien.
Waiting on money for a job?
Tell us what happened and National Lien & Bond will connect you with an attorney in your state. Free consultation, no obligation.
Looking to Start a Collections Action?
If you're interested in collecting on a lien, talk to an attorney about what the costs will be and your likelihood of receiving anything from the suit. This will vary on a case by case basis, so you'll want to sit down and consider the value of the lien, the costs to enforce, and how many other mortgages and liens are on the property.
Most states determine the time a lien runs from either the date the project was substantially finished or labor and materials were last furnished or the date on which the lien was filed. The lien then lasts from a set period of time from this date. These timelines vary by state, type of project, what role you play on the project team, and in some cases, whether you filed a timely extension.
For that reason, we created a special resource page on our website where you can find every state deadline guide updated and ready to download -
These deadlines are all assuming, of course, that no special situation, like a bankruptcy on the project, has caused the lien deadlines to be suspended. In these cases, not only would you want to file your lien, you want to make sure your claim to payment is reserved through the bankruptcy process as well. It may be possible to negotiate a settlement of your claims even while the bankruptcy is proceeding.
Waiting on money for a job?
Tell us what happened and National Lien & Bond will connect you with an attorney in your state. Free consultation, no obligation.
Related Articles
My Mechanics Lien Was Bonded Off. Now What?
When an owner or contractor records a lien release bond, the property is released and your claim moves to the substitute security. The bond does not decide who is right, and it often does not give you more time. Here is how bonding off works in ten states, what the bond must cover, and which deadlines now control.
Read Article
When Should You Hire a Lien Attorney?
Knowing when to bring in a lien attorney can save money and protect payment rights. This post covers the warning signs, from entering a new state or market to late payments and an owner who refuses to pay.
Read Article
Covid-19 Lien Law Status April 2020
An April 2020 special edition covering how the pandemic disrupted lien filings: roughly 1,000 recording offices closed or limited, Maryland courts pausing lien foreclosures, Ontario suspending all lien deadlines, and a New Jersey clerk halting lien filings.
Read Article