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Joseph Brophy

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Joseph Brophy's Recent Answers
Sep 4, 2022
From an Anonymous Contractor
Arizona
Joseph Brophy
You can lien an owner occupied residential property as long as you have a written contract directly with the owner, you are a licensed contractor, and you
sent a valid and timely preliminary 20-day notice.
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Nov 19, 2022
From an Anonymous Contractor
ArizonaLawsuit
Joseph Brophy
You cannot get out of the personal guaranty. Whether the guaranty is enforceable is a separate question from whether the beneficiary of the guaranty can
collect any money. Another thing to keep in mind is that if you are married, in the state of Arizona, both spouses must sign the personal guaranty and if they
do not then the guaranty cannot be used to attach or seize assets of the marital community.
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Oct 29, 2022
From an Anonymous Contractor
ArizonaLien DeadlinesMechanics LienPreliminary Notice
Joseph Brophy
Strange as it may sound, mechanics do not have the right to mechanic's liens for vehicle repairs. Mechanic's liens are for improvements to real property, not
repairs to personal property. The lien you are thinking of is a garage lien, which is governed by A.R.S. § 33-1022. The lien exists by virtue of the fact you
have possession of the vehicle and repaired or stored it. You do not have to give the vehicle back until the bill is paid. The amount paid must havSee More...
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Oct 28, 2022
From an Anonymous Contractor
Arizona
Joseph Brophy
You just have to mail the preliminary 20 day notice to the homeowner's address. Make sure the contents of the notice comply with the statute. Also keep in
mind that you will have lien rights only for work that was performed 20 days before the notice was sent and thereafter. So if work was completed more than
20 days ago, it is too late to send the notice now and you do not have lien rights. Your remedy in that case would be to sue for breach of contract.
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Sep 23, 2022
From Jeffrey Maniaci
ArizonaLien Priority
Joseph Brophy
The only thing a preliminary 20-day notice does is give notice that a contractor has preserved its lien rights. It has no legal effect unless a mechanic's lien is
recorded. If the information on the notice is inaccurate, that is much more the contractor's problem than it is yours. None of this really matters unless a
payment dispute arises and the property is liened.
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