Affidavits and Liens
Affidavits, Mechanic's Liens, & Materialman's Certificates
Building or remodeling on a piece of real estate has legal implications. Etched deep into our legal system is a set of laws designed to protect homeowners, workers and companies that supply material to job sites.
These laws were enacted to create a formal procedure by which a homeowner could receive a 'legal' receipt for work done (affidavit & materialman's certificate.)
The laws also enable workers and businesses to attach a formal debt against a piece of real estate in the event they do not receive payment for goods and services provided to the owner of the real estate (mechanic's lien.)
These laws vary from state to state. They can be extremely complicated. Sometimes these laws are powerful and sometimes they are not. The laws are often dynamic; they change from time to time. It depends upon your state.
Often there are very specific time limitations with respect to taking action. The forms which are used can be very complicated to fill out. I recommend that you always consult a competent real estate attorney concerning these matters. The money you spend on the services of an attorney before a problem occurs will afford you great peace of mind.
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