We live in a state where the intent to foreclose is not required but we want to send one anyway to the non-paying customer as well as their current lien holders in hopes them realizing that we are going to foreclose if payment is not made. We have filed a legitimate mechanics lien with the county clerk and it is in force currently. 1. Do we need to send the document to each owner listed on the property? Does it matter if the owner's listed are married or not? 2. If they have more than one mortgage should we send it to all mortgage companies?
To your questions:
1. It should be delivered to all owners of record. It does not matter if they are married or not.
2. It makes sense to send it to all creditors as to the property.
An action to enforce a mechanics’ lien must be brought within six months after the last work or labor is performed, or materials furnished, or after the completion of the building, structure, or improvement. Miss that by a day and your rights to enforcement are invalid.
Robert Murillo
robert@pivotallegal.com