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What happens if I send lien paperwork to the wrong person?

Wisconsin

I'm trying to file a lien on a hotel where we did some flood remediation, and I'm nervous that, because its a franchise we may have the property owner wrong. My question is, if we were to send the lien paperwork to the wrong address and that person never says anything because it doesn't pertain to them, do we lose all of our lien rights because we'll go past the time frame?

4 replies

May 11, 2023

I just looked up the company that supposedly owns this property, Comfort MKE Partners LLC, and I found a site called Open Corporates, that states its status as "Forfeited Existence" and its dissolution date as March 10th, 2023.... we completed our work last year... what do I do now?  

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May 17, 2023
Answering this question requires information not provided here, and you should consult an attorney as lien rights are time sensitive and you may lose your lien rights if deadlines are missed. Generally speaking, the requirement to properly serve notices on required parties is not waived or excused for “good intentions” or “incorrect information.”
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May 25, 2023

Ok that does help.. but follow up question then.. What happens if the company who owns a property sells it before we get paid? I'm sure you need more information for that one too though. :)

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May 25, 2023

You’re correct. I’d need more information. Generally, if the lien was recorded prior to the sale, the buyer bought subject to the lien. A foreclosure would be against the property and the new owner. Typically, the lien would be paid at the closing or money escrowed from the sale. If lien rights still exist, a lien could still be recorded against the property.

These are all questions that require an attorney to dig into the facts to answer. My response is general in nature, you have not engaged my services, and this response does not create an attorney-client relationship. Mechanics’ liens have very strict time limits so you should contact an attorney as soon as possible; you risk losing any rights you may still have by waiting.

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