Legal Question in Construction Law in Indiana

I am a contractor in Indianapolis, IN and I did some work for a couple of client back in 2007. I have yet to get paid. I did not file a mechanic's lien against property to recoup cost with the 60 days allotted. Can I now file a force forclosure on property to recoup debt?


Asked on 1/12/11, 7:32 am

1 Answer from Attorneys

Raymond Basile Mercer Belanger, P.C.

Unfortunately, if it was residential real estate, you are correct in stating that you had only 60 days from your last work in order to record a mechanic's lien against the property. You would then have had only 1 year after recording the lien to file a lawsuit to foreclose on it. You are, therefore, beyond the time to record a mechanic's lien and doing so could expose you to liability for slander of title.

At this point, the only way to place a lien upon the property would be to sue the owners for non-payment and, if you prevail, obtain a judgment in your favor. That judgment becomes a judgment lien against the real estate (assuming that they still own that property) on which you could foreclose.

This response is provided for informational purposes and is not intended to serve as legal advice. You should consult with an attorney or tax professional to discuss the facts of your particular situation which may lead to additional issues or a different strategy.

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Answered on 1/17/11, 7:42 am


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