Legal Question in Real Estate Law in Colorado

Lien Claimant's notice to Disburser

De we need to file a notice to Disburser after house is closed. De I send the Mortgage Co a copy of the mechanics lien?

Thank You.


Asked on 1/17/07, 12:49 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Re: Lien Claimant's notice to Disburser

Afternoon,

If the disburser has already disbursed all funds related to the construction, a notice to them is of little to no use. Also, a disburser notice is not applicable for a general contractor.

For mechanic liens, a mortgage company is not party that by statute must be provided a lien statement. Additionally, you had better be sure that you provided a Notice of Intent to File a Lien Statement and file the Lien Statement in the proper time, form and delivery.

You are strongly advised to contact construction counsel because mistakes in filing may void your lien rights. Good luck.

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Answered on 1/17/07, 2:33 pm


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