Lien

In law, a lien (UK /ˈliːən/ or US /ˈliːn/) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the lienor and the person who has the benefit of the lien is referred to as the lienee.The etymological root is Anglo-French lien, loyen "bond", "restraint", from Latin ligamen, from ligare "to bind".In the United States, the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge.
Posts about Lien
    • ARE YOU A CONSTRUCTION LIENOR?

      When it comes to construction lien rights, not everyone that touches the project is a proper lienor. Forget about timely serving a Notice to Owner or recording a claim of lien, if you are not a proper lienor, it does not matter if you properly perfected your lien rights. If you are not a proper lienor, you have NO lien rights under the law! Florida Statue s. 713.

      Florida Construction Legal Updates- 11 readers -
  • APPELLATE ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    … The significant issues test to determine the prevailing party in construction lien actions (which, by the way, also applies to breach of contract actions) applies to appellate attorney’s fees too! Under this test, the trial court has discretion to determine which party prevailed on the significant issues of the case for purposes of attorney’s…

    Florida Construction Legal Updates- 15 readers -
  • Triggering the Statute of Limitations in a New York Foreclosure Action

    … of the foreclosure action and removal of the lien, as recently occurred when a Suffolk County Supreme Court judge dismissed a foreclosure action on a $2.4 million Westhampton estate4 for failure to adhere to the statute of limitations. Triggering the Statute of Limitations In New York, the statute of limitations in a foreclosure action begins to run…

    Ronald D. Weiss, PC- 9 readers -
  • CONSULT WITH COUNSEL WHEN PREPARING CONSTRUCTION LIENS

    … All too often entities prepare their own construction liens. Sure, it is an effective way to save a few bucks. No doubt about it. But, by doing so, you are (i) not relying on advice of counsel that is important when it comes to lien preparation and (ii) not relying on strategy that goes along with the preparation of a lien. When you are liening…

    Florida Construction Legal Updates- 9 readers -
  • INVESTIGATION: Clayton Homes, Vanderbilt Mortgage, 21st Mortgage

    … are both depressing and horrifying. In 2011, a federal jury in Texas awarded 2 homeowners $432,000. The verdict was made in a racketeering case claiming that Vanderbilt tried to collect payments for 4 years after it had released its lien! The companies found liable were CMH Homes, Clayton Homes and Vanderbilt Mortgage and Finance. Did the company…

    Due Diligence- 18 readers -
  • FINAL FURNISHING DATE IS A QUESTION OF FACT

    … Construction liens need to be recorded within 90 days from the lienor’s final furnishing date on the project. This date is exclusive of punchlist or warranty work. The final furnishing date needs to be proven at trial to establish that the construction lien was timely recorded. If there is an evidentiary dispute as the final furnishing date…

    Florida Construction Legal Updates- 11 readers -
  • QUICK NOTE: ATTORNEY’S FEES AND THE SIGNIFICANT ISSUES TEST

    …. With this sentiment, certain disputes become solely driven by attorney’s fees. Now, there is a trend for the prevailing party for purposes of attorney’s fees for certain disputes such as construction lien actions and breach of contract actions to be determined by the significant issues test. While recovering a net judgment is important, there…

    Florida Construction Legal Updates- 12 readers -
Get the top posts daily into your mailbox!