Legal Question in Real Estate Law in Virginia

After the fact Mechanics Lein

A friend of mine just received a subpeona to file a pleading in response to someone trying to attach a ''Mechanics Lean'' against her property. The company that is doing this apparently did some work on the property at the request of the previous owner (which is a company who is now bankrupt) prior to my friend purchasing the home. My friend has lived in the home for over a year, but apparently this company (seeking the lein) submitted a letter of intent for the lein over six months ago (apparenty within the statutory guidelines) and is now continuing along the process.

My question is, is my friend liable for work performed on her property prior to her purchasing it (where she had no part in authorizing the work!), and can they put a Mechanics Lein on just the property and not the former owner be responsible?

Thanks for your help!


Asked on 10/03/02, 3:13 pm

2 Answers from Attorneys
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: After the fact Mechanics Lein

Without getting involved in the complications of mechanics lien law, if your friend or your friend's lender(assuming there was one) obtained a title insurance policy when the proprety was purchased (I'm sure the lender did). The title insurance company will defend the mechanic's lien claim if they are informed of it. That notice should be at once and a confirmation that the claim will be defended should be requested in writing from the title insurance company. Be sure to get the lender involved in this as well. inform the title insurance of the

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Answered on 10/03/02, 3:29 pm
Daniel Press Chung & Press, P.C.

Re: After the fact Mechanics Lein

The mechanic's lien may well attach to the property, but mechanic's lien law is very technical and lots of lien claimants make mistakes. You should retain counsel right away to defend this case. If you have owner's title insurance it probably covers it, but you would be well advised to have counsel review the policy and try to secure a defense. We handle lien matters throughout Virginia, so feel free to contact me.

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Answered on 10/03/02, 3:58 pm


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