Legal Question in Credit and Debt Law in Indiana
mechanics lien laws
Maybe I can make myself clear, My mother-in-law deeded her house to my wife retaining a life estate, with further stipulation that her son would have a life estate when she died. He is slightly mentally challenged. She was killed in an accident. The house has a mechanics lien of $44700. The house was appraised at $17000. The insurance coverage was only $20000. Would my brother-in-law or my wife be responsible for paying the mechanics lien or would both? Whose credit would be screwed if it is foreclosed?
2 Answers from Attorneys
Re: mechanics lien laws
IF the lien was properly filed, you failed to state the date of filing and what was the basis of the lien.
The lien is against the property not the individuals
Re: mechanics lien laws
To add to the previous response.....
The mechanics lien attaches to the property and whoever holds the deed is technically responsible. The concern here is not that someone's credit will be in jeopardy, but that your brother-in -law could be without a place to live if it is foreclosed.
There are many subtleties to the "mechanics lien" law in Florida and many times the liens are recorded or obtained improperly.
I suggest that you contact an attorney in the state where the property is located. If I can be of any assistance please let me know. I have quite a bit of experience related to mechanic's liens and can help you through some of the details.
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