Legal Question in Construction Law in California
I now have a mechanics lien on a property I have found out is in a family trust. The trust is controlled by the homeowner that has written me personal checks for some of my work on the home. Does the fact that the home is in a trust cripple my ability to perfect my lien and foreclose on the property?
2 Answers from Attorneys
No, you may proceed against the family trust just as you would against any other owner of property. Technically, you proceed against the trustee[s] of the trust. If you fail to foreclose, however, you may also proceed against the homeowner, but it depends on the party with whom you had your contract to determine liability. Good luck.
Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice and you should not rely upon it as more specificity in a consultation may reveal facts or other information which could change the result. You should consult an attorney for legal advice addressed to your individual situation.
Revocable trusts are transparent to creditors and do not provide the trustee-beneficiary with any protection against creditors sp long as the trust remains revocable.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
