What Is a Mechanic's Lien?
A mechanic's lien (also called a construction lien or materialman's lien) is a legal claim against real property filed by a contractor, subcontractor, supplier, or laborer who performed work or supplied materials and hasn't been paid. Lien laws exist in all 50 states and provide security for contractors by attaching a claim to the property they improved. A valid mechanic's lien clouds the title—preventing the homeowner from selling or refinancing until the lien is resolved.
How Homeowners End Up With Liens for Work They Paid For
The most frustrating mechanic's lien situation is the "paid-but-still-liened" scenario: you paid your general contractor in full, but the GC failed to pay one or more subcontractors or suppliers. Those parties—who have no direct contract with you—can file valid liens against your property despite your having paid everything you owed. This is why preliminary lien notices and conditional/unconditional lien waivers from contractors and subs are essential at every payment milestone.
Releasing an Invalid or Paid Mechanic's Lien
If you paid the contractor but they haven't released the lien, or if the lien is otherwise improper (filed late, incorrect description, wrong amount), your remedies include: demanding a lien release or waiver from the contractor; filing a petition to dissolve or discharge the lien; posting a lien release bond (which substitutes cash or a surety bond for the lien, allowing sale or refinance to proceed while the dispute is resolved); or suing to quiet title. Lien release bonds are particularly useful when you need to sell or refinance urgently.
Deadlines for Filing and Enforcing Liens
Mechanic's lien deadlines are jurisdictionally specific and short. Lienors must typically file the lien within 60–90 days of last providing labor or materials. Once filed, they must enforce (file suit) within 1 year in most states. Liens filed or enforced after these deadlines are invalid and can be challenged on that basis. If a contractor filed a lien near the end of the project and never pursued it, the lien may have expired—check the filing date against your state's enforcement deadline.
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Frequently asked questions
Can a subcontractor I never hired put a lien on my home?
Yes, in most states. Subcontractors who provide labor or materials to your property have lien rights against the property even without a direct contract with you. This is the most common source of surprise liens for homeowners. Protecting yourself requires: getting a list of all subcontractors from your GC; sending preliminary notices as required by your state; and collecting conditional and final lien waivers from both the GC and all subs at final payment.
How does a mechanic's lien affect my ability to sell my home?
A recorded mechanic's lien clouds your title and prevents a clean transfer to a buyer. Title companies will not issue title insurance over an unsatisfied lien. The lien must be paid off, released, or bonded before or at closing. If the lien amount is disputed, closing can be complicated—a lien release bond is often the fastest path to a clean closing while the underlying dispute is resolved.
What if the contractor who filed the lien went out of business?
A lien filed by a now-defunct contractor doesn't automatically go away. You can petition the court to discharge or extinguish the lien if the contractor failed to enforce it within the statutory enforcement period, or you can file a quiet title action. An attorney can also attempt to locate the successor entity or principals who can execute a lien release. The court petition is usually faster than tracking down a dissolved company.