Q: How do I take care of this lien?
We filed a lien a customer. The property owner has let us know that customer was their tenant and have asked us to release them from the lien. The customer has now filed bankruptcy and I just filed a claim with that court. Can I release the property owner from the lien and still keep the lien against the tenant? Or, do I just let the bankruptcy claim against our customer stand and drop the lien completely? Please advise.
A:
Additional information is required in order to properly answer this question. Is this a residential or commercial property? Is the lease a ground lease? Did the landlord consent to the work you performed? What is the status of tenant's leasehold interest in the property? Is the tenant rejecting the lease in its bankruptcy as an executory contract? Assuming you ever intended to enforce the lien, what is the status of your suit to foreclose on the lien? Is the lien in the proper form to assert a lien against the tenant's leasehold estate and was the tenant properly notified of the lien as the owner of the leasehold estate?
I recommend you take your contract and lien affidavit to an attorney experienced in construction law in or near the county where the property is located for a consultation ASAP. There are specific statutory deadlines that must be met from the date when you last performed services or provided goods to the property.
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