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Asking if a lien can be placed on a machine I removed NEDEC automotive from a Honda plant in GA. Before it clears custom

MichiganNotice of Intent to Lien

We are a machinery contractor and NEDEC Automotive purchased some machines from Honda in Georgia. The agreement was with NEDEC to pay half up front and remaining at completion and we have been waiting for a week for payment. So the machines will clear customs on Saturday into Mexico customs for processing so is there a lien to apply in this case?

2 replies

Jul 8, 2020

Construction liens, which is LevelSet's specialty, apply to improvements to real property. What you're describing would be a lien against personal property, which is governed by Article 9 of the Uniform Commercial Code (UCC) (Secured Transactions). The answer to your question would depend on whether or not your agreement included the grant of a UCC security interest in the machinery, which is likely classified as personal property. Without more information, I can't answer your question.

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