Friday, June 29, 2012

Mechanics and Materialmens Liens/ Construction Liens

MECHANICS’ AND MATERIALMENS’ LIENS (aka Construction Liens) - RCW 60.04 et seq.
In Washington, RCW 60.04 et seq. establishes what is called a “Mechanics’ Lien”, a statutory lien meant to protect contractors, subcontractors and suppliers. The basic concept is that when a contractor or a subcontractor makes improvements to a piece of real estate, or a supplier supplies materials used to improve the real estate, they are entitled to record a lien on the property for any amounts owed and unpaid, provided they do so within the specified time limits and provided that the contractor has followed certain notice requirements set forth in the statute. Of course, there is also the prerequisite that the contractor be duly licensed by the State of Washington as well.
Once a lien is recorded on any particular property, the lien must be foreclosed within the statutory time period; otherwise, the lien will “fall off” and will no longer be enforceable. A lien foreclosure action is basically a type of lawsuit filed to enforce the lien. The filing of such an action on the lien often results in payment of the amount owing rather promptly. This amount oftentimes includes the contractor’s lien fees and attorney fees as well. This is also the time that the opposing party may seek an offset to amounts owed, if they claim and prove that any of the work on the subject property was defective.
In any event, prior to recording a Mechanics’ Lien, contractors and suppliers should be advised of all of their legal rights and responsibilities related to the filing of such a lien, as there can be serious legal ramifications if done improperly, including payment of an opposing party’s attorney fees, in the event the lien is found to be frivolous. Our firm prepares Mechanics’ and Materialmens’ Liens for a reasonable flat fee. If you are a registered contractor and you’re not getting paid on a job, give us a call and schedule your appointment today.

Tuesday, April 24, 2012


Written by Kenneth | 27 January 2012
In 2011, the Washington legislature passed the Washington State Foreclosure Fairness Act. The Act went into effect on July 22, 2011, making Washington State the third non-judicial foreclosure process state in the country with a program designed to help homeowners find alternatives to foreclosure.
The new law effectively forces mortgage lenders to enter into mediation with homeowners in a good-faith attempt to avoid foreclosure. The enactment of this new law is great news for homeowners that have fallen behind on their mortgages and are or could be facing foreclosure. Prior to the Act, many lenders simply refused to consider loan modification or other work-outs with struggling homeowners and simply went straight into the foreclosure process. This is no longer an option for the bigger mortgage lenders. (Lenders that foreclosed less than 250 mortgages in 2010 are exempt from the Act. For a list of exempt lenders, visit
The Act applies to homeowners facing foreclosure who are in default on their mortgages, but have not yet received a Notice of Trustee’s Sale. Homeowners may request mediation only through a housing counselor or an attorney. The homeowner is not required to prove any reason for the request for mediation. Homeowners can reach a free housing counselor at 1-877-894-HOME. Both the homeowner and the lender will be required to pay a $200 fee for mediation. A mediator will be selected within 10 days of the homeowner’s request, and mediation will be scheduled within 45 days of the request. Prior to mediation, the homeowner is obligated to provide financial information to the lender and the lender is required to provide detailed loan information to the homeowner. Both parties are required to participate in mediation in good faith.
Although not a guarantee that foreclosure will be avoided for every homeowner, the Act creates some additional hope for struggling homeowners in the battle to save their homes. It is also a step in the right direction towards reducing foreclosures in Washington State, thereby serving to help stabilize the housing market and boost our local economy.
The foreclosure mediation program is being overseen by the Washington State Department of Commerce. For more information on the mediation program, or to contact a housing counselor, visit

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