Home>Levelset Community>Legal Help>If a lien in WI is filed, but is still within the two year enforcement period. Not enforced yet. Can the home be sold?

If a lien in WI is filed, but is still within the two year enforcement period. Not enforced yet. Can the home be sold?

WisconsinMechanics Lien

I currently have a lien filed through Levelset. I have two years to enforce the lien. However, the owner just listed his house. Lien filed date is 1/22/2022. I would like to know if I need to have the lien enforced and a judgement to be paid out of the sale? Or will the filed lien postpone any sale and will the filed lien need to be satisfied to proceed?

3 replies

Jun 22, 2022

Assuming there are no defects in your lien, then the lien should come up during the title insurance search (or earlier) and cause the sellers some problems in finalizing the sale. A buyer may back out of the sale, require the seller to resolve the lien, or come to some other agreement between them. Your lien rights would stay with the property. Would you rather simply initiate litigation or negotiate a settlement? call me michaeljohnsonlegal.com

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Jun 23, 2022

Generally, this type of situation requires a proactive approach and is negotiated out for a resolution if the interested parties take prompt action, focused on solutions that lead to an agreement. Details of the situation will determine the possible negotiation framework. Legal restrictions to a "clear" title should appear on the buyer's title work and Wisconsin's Construction Lien statute at 779.08 allows for release of a lien and an "undertaking" to take place which essentially requires a surety bond until a determination on the lien validity takes place. As a Level Set member, you can call me for a free 30-minute consultation to discuss specifics.

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Jun 24, 2022

Proper enforcement of a mechanics’ lien depends on a number of factors and requires legal advice. The attorney that prepared and recorded the mechanics’ lien on behalf of the lien claimant is best positioned to provide that information. Your question requires a knowledgeable attorney for the answer. Providing the answer is legal advice. An attorney with the knowledge who provides legal advice creates an attorney/client relationship and the duties and obligations that come with that relationship. For that reason, you’ll need to contact an attorney who will ask the questions necessary to give you a reliable, accurate response. We are licensed to provide legal services in Wisconsin and only represent contractors. We are very knowledgeable about mechanics’ liens and will be able to help you collect your money. Feel free to call or email, but remember time is a factor here and you can lose your lien rights and protections if you don’t act right away.

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