Legal Question in Real Estate Law in Missouri
Placing a Property Lien
Is it necessary to have a lawyer to fill out and file with the County Clerk a claim of lien form as it relates to non-payment of yearly maintenance fee. Subdivision bylaws mandate this fee and a provision in the bylaws allows for the lien for non-payment. I know it will need to be notorized but is a lawyer necessary. I am a duly elected trustee of the subdivision.
1 Answer from Attorneys
Re: Placing a Property Lien
A lawyer may not be necessary if you fully understand the lien process as well as the subdivision's By-laws and legal rights and can perfect the lien on your own. If you don't have a full understanding of the law, I would suggest engaging an attorney to assist and advise you. It's no different than fixing a car. If you know what you're doing and feel comfortable doing it, you can fix a car on your own. If you don't know what you're doing, you risk making things worse and are better off hiring someone that does. Only you know how comfortable you are doing it on your own. If it's your first time filing a lien, I would recommend using an attorney. After doing so, perhaps you could forego an attorney in the future. Keep in mind, that as trustee you have certain obligations and duties to the subdivision. Given those duties I would certainly err on the side of hiring an attorney to protect yourself from personal liability. Good luck.