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Mechanic’s Liens

The Mechanics’ Lien law provides special protection to contractors, subcontractors, laborers and suppliers who furnish labor or materials to repair, remodel or build your home.

If any of these people are not paid for the services or materials they have provided, your home may be subject to a mechanics’ lien and eventual sale in a legal proceeding to enforce the lien. This result can occur even when the homeowner has made full payment for the work of improvement.

The mechanics’ lien is a right that a state gives to workers and suppliers to record a lien and ensure payment. This lien may be recorded where the property owner has paid the contractor in full and the contractor then fails to pay the subcontractors, suppliers, or laborers. Thus, in the worst case, a homeowner may actually end up paying twice for the same work.

The theory is that the value of the property upon which the labor or materials have been bestowed has been increased by virtue of these efforts and the homeowner who has reaped this benefit is required in return to act as the ultimate guarantor of full payment to the persons responsible for this increase in value. In practice, a homeowner faced with a valid mechanics’ lien may be compelled to pay the lien claimant and then pursue conventional legal remedies against the contractor or subcontractor who initially failed to pay the lien claimant but who himself was paid by the homeowner. Another justification for this result relates to the relative financial strengths of the parties to a work of improvement. The law views the property owner as being in a better situation to absorb the financial setback occasioned by having to pay the amount of a valid mechanics’ lien, as opposed to a laborer or material man who is viewed as being less able to absorb the financial burdens occasioned by not being paid for services or materials provided in connection with a work of improvement.

The best protection against these claims is for the homeowner to employ reputable firms with sufficient experience and capital and/or require completion and payment bonding of the construction work. The issuance of checks payable jointly to the contractor, material men and suppliers is another protective measure, as is the careful disbursement of funds in phases based upon the percentage of completion of the project at a given point in the construction process. The protection offered by mechanics’ lien releases can also be helpful.

Even if a mechanics’ lien is recorded against your property you may be able to resolve the problem without further payment to the lien claimant. This possibility exists where the proper procedure for establishing the lien was not followed. While it is true that persons who have provided labor, services, or materials to a job site may record mechanics’ liens, each is required to strictly adhere to a well-established procedure in order to create a valid mechanics’ lien.

Needless to say, this is one area of the law that is very complex, thus it may be worthwhile to consult an attorney if you become aware that a mechanics’ lien has been recorded against your property. In the event you discover that a lien has been recorded but no effort has been made to enforce the lien, a title company may decide to ignore the lien. However, be prepared to be presented with a positive plan to eliminate the title problems created by this type of lien. This may be accomplished by means of a recorded mechanics’ lien release from the person who created the lien, or other measures acceptable to the title company.

As in all areas of the real estate field, the best advice is to investigate the quality, integrity, and business reputation of the firm with whom you are dealing. Once you are satisfied you are dealing with a reputable company and before you begin your construction project, discuss your concerns about possible mechanics’ lien problems and work out, in advance, a method of ensuring that they will not occur.

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BUDDY HARPER TEAM REALTY
5130 Wilkinson Blvd.,
Gastonia, NC 28056
Licensed NC & SC
Phone: 704-879-7155  

Fax:      704-879-7157
Email:bharper1@carolina.rr.com
Direct:  704-747-4016

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Stacey and I had a wonderful home buying experience working with Christyn Denton. Her knowledge of the Belmont area; her understanding of our home wants, needs and desires; and her professionalism were excellent. We had to find something in a short period of time, and she helped to take away our stress during the process. We highly recommend Christyn for your home buying needs. Sincerely, Mike & Stacey Andrea
Christyn, "I just wanted to take a minute and thank you for all the hard work and effort you put forth in our recently ratified contract. Your professional manner and commitment undoubtedly contributed to the successful conclusion to you or clients offer. If more agents were of your caliber our business would be so much more enjoyable." Tim B
Buddy, We want to thank you for the Excellent service you gave to us in finding our "Dream Home"! We appreciate all the time you spent in negoiations and getting us the best price on the house! Our best regards, Mike & Karen Worrell
Buddy, Thank you for helping us to sell the Stanley house, we really appreciate your hard work and friendship. Jeff & Emily
Buddy, We want to thank you for all your hard work that you did in finding a house for us! We cannot tell you how much we appreciate all the time and effort you put into us! We miss you already. Chan & Natalie
Buddy, I can't tell you how appreciative I am of all you did to help me. I must say, you have made me change my mind about realtors and their integrity. I certainly am convinced of yours! So thanks for all you do and for who you are. May God bless you! M. Hayes
Buddy Thank you so much for all your hard work to help us buy our first house! We really appreciate you going above and beyond for us. Thanks again! Ryan & Lisa
Buddy, thank you so much for all of your help in the past several months! You have been a God send, and we couldn't have done it without you! Thank you again, The Devers
Dear Buddy, Not everyone can do what you do. But anyone can see that what you do makes a wonderful difference. Thank you for your involvement and commitment in finding our home. The Green's
I appreciate everything you did for me. I feel like you went above and beyond and I'll never forget it. Thank you! I love my new home, it's perfect. Thank you again for everything! Sincerely, C. Phipps
We would like to thank Buddy Harper for all the time he took with us while we looked at condos all over town. He's like the Energizer bunny, he never runs out of power. He listed our house to sell on Thursday and we had a contract on Saturday. If you are even thinking of selling or buying you need to call the Buddy Harper Team Realty for results! Jimmy and Sandy Carr
Thanks for all your help in making our "dream home" a reality. We really appreciated that you went the extra mile to get us the best price for our home. You are truly a professional. Grant & Tammy Field
In all our dealings with Realtors over the past eight years, we have never met anyone as helpful and energetic as you have been. Without hesitation, we would highly recommend your service to anyone who is looking for an experienced Realtor who cares about getting things done and doing them right! Thanks for taking such good care of us, we couldn't have done it without you! Tisha Jackson
Thank you so much for taking the extra effort to make our first home purchase successful. You were there guiding us through all the crucial and important steps! You really listened to what we wanted in our home and you found exactly what we were looking for - at an amazing price! If we ever outgrow this home, we'll definitely be calling you! Ben and Catherine Hoersch
You made buying a home so easy for my wife and I. We were grateful for how much patience you used in answering all of our questions and taking us to look at so many houses. You never pushed us into looking at something we were not interested in. We strongly recommend you to anyone looking at buying a new home. Matt & Jennifer Keepes
Thank you so much for all you have done for us to make this so easy and stress free. Also, thanks for taking care of all the additional things that had to be done. Looking forward to seeing you soon. Tom & Carol
John and I want to thank you so much for selling our house for us. Thank goodness, we can sleep at night now. We appreciate everything you did for us! John & Robin
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