How can a purchaser of real estate be certain not to be the victim of a mechanics lien judgment?
The Smiths have found their dream home and have gone to settlement. Things couldn’t get better. Then one day the Smiths come home from work to discover that the sheriff has nailed a mechanic’s lien complaint to their front door. The Smiths are upset to say the least. They call their attorney and demand that he or she take care of this problem. After all, they’ve just made the biggest purchase in their life and now they are being sued for additional money! An unlikely scenario? Not at all. Even though the settling attorney is required to perform a “bring down” on the property the day of settlement, this does not insulate the home buyer from exposure to a mechanic’s lien suit. Delaware’s Mechanic’s Lien laws allow any person who has performed or furnished labor or material, or both, to file a mechanic’s lien action within 90 days or before the expiration of 120 days from the last date that labor or materials were provided to the job. Different filing deadlines apply depending upon the id
