Ask Me Help Desk - Evicted with a Mechanic's Lien?

Hi, I'm back again. Question! Okay we moved into a home under the agreement that we do remodeling and repairs in exchange for rent and utilities. Homeowner's are our parents. In June 2007 a misunderstanding caused dad to give 3 day notice, we went to court, they had superior title, they won.

In the meantime I filed a mechanic's lien so that we could get paid for all the work we did. There was no formal contract and we have been living in sub standard conditions for a year. We had to deal with infectious disease and hazardous waste, etc. The lien is for a large amount. I've done everything correctly and yesterday I filed the invoice stating amounts due and why a long with the notice of intent and the statement of lien. The lien is active and in 30 days we intend to foreclose on the property to become owners of property (it belonged to my husbands grandfather and is sentimental).

TODAY though we received the WRIT of restitution stating that the police can forcibly remove us in 48 hours.

WHICH will take precedence the lien or the forcible entry and detainer order? What can I do in the next day or two to secure our right to retain possession? If anything? Is there something I can file in the District Court to help secure our right to possession of our collateral, i.e. the property?

S.O.S.

The lien only means you ar owed the money, it gives you no right to live in the property, only means that they are suppose to pay you.

As with most liens of this type, you will not normally get paid until they sell the property and/or it goes into the estate at the owners death.

I don't see you have any right to remain living in the property, only assume collection for the lien on the property.

Quote:

Originally Posted by BABYTRUTH

Hi, I'm back again. Question! Okay we moved into a home under the agreement that we do remodeling and repairs in exchange for rent and utilities. Homeowner's are our parents. In June 2007 a misunderstanding caused dad to give 3 day notice, we went to court, they had superior title, they won.

In the meantime I filed a mechanic's lien so that we could get paid for all the work we did. There was no formal contract and we have been living in sub standard conditions for a year. We had to deal with infectious disease and hazardous waste, etc. The lien is for a large amount. I've done everything correctly and yesterday I filed the invoice stating amounts due and why a long with the notice of intent and the statement of lien. The lien is active and in 30 days we intend to foreclose on the property to become owners of property (it belonged to my husbands grandfather and is sentimental).

TODAY though we received the WRIT of restitution stating that the police can forcibly remove us in 48 hours.

WHICH will take precedence the lien or the forcible entry and detainer order? What can I do in the next day or two to secure our right to retain possession? If anything? Is there something I can file in the District Court to help secure our right to possession of our collateral, i.e. the property?

S.O.S.

Just out of curiosity... if you did work on the house in exchange for paying rent... why on earth did you put a mechanics lien on the property? Think there is more to this story than your letting on. BTW... you can't foreclose on the property, you only have an interest when the property is sold. And yes the forcible entry and detainer order takes precedence over the lien since the lien is un-enforcable until the property is sold.

Quote:

Originally Posted by BABYTRUTH

WHICH will take precedence the lien or the forcible entry and detainer order? What can I do in the next day or two to secure our right to retain possession? If anything?

Hello BABY:

The eviction will take precedence. You can stop it with an appeal and a stay of execution. You have only a limited time within which to file an appeal. I'll bet it's passed.

But, that will only slow down the eviction. You don't own the property. You don't have collateral. In most rental agreements, any permanent fixtures left become the property of the landlord.

The only thing you might get is the money back that you spent. However, if the money spent was in lieu of rent, and it approximated the amount the premises would bring in rent, you won't even win that.

excon

Where did you get the idea you can foreclose? A mechanic's lien is an encumbrance on the property that will prevent its sale unless the lien is satisfied. It will not allow you to foreclose. You have no right to possession of the collateral, the only thing you have is a right to be paid when the property sells.

Second, you say in June, he gave you a three day notice, you fought and lost. Yet it sounds like you are still in the house. So you have defied the court order. This is not going to sit well with the courts. You can try filing a stay of the writ, but since you are already in defiance of a court order, I doubt if you will get a stay.