What happens when a mechanics lien is filed.

[Ned Carey]

I saw a recent post about a mechanics lien. I have often heard the phrase 'file a mechanics lien" but what does that mean/ Wouldn't a court have to rule on the motion before the lien becomes valid?  Can a contractor simply make a filing and put a lien on your property without a court hearing? 

[Jay Hinrichs]

there are various types of liens  a material man lien often referred to as a Mechanics lien in most states I worked in is just a form that the mechanic or sub contractor can simply fill out and go record it.. Now to perfect it in many states there are steps you have to take but it still buggars the title for a time.

In Oregon for example a properly notice and filed Material man lien is a SUPER lien and will take priority over everything ahead of it other than tax's and some state liens. So contractors in Oregon if they do it right always get paid if there is bank debt etc.

Most mom and pop subs simply do not go through the steps.. but for us building new homes the bigger sub or material suppliers all use a service to file the pre lien notice which for us is a certified letter I get about 10 of them a month.

As well as if they fail to file the lien at all subs and material suppliers can then go to court and file a suit for Unjust enrichment and go that  route.  this wont be a super lien though.

And again this is specific to Oregon I believe most states mechanic lien or material man liens are juniors.