2nd question: If a lien is filled based on a billing date, but actual work was completed 92 days before the filling date, can the lien be foreclosed
The contractors lien notice cam from the parent company, the lien was from a subsidiary, a DBA. The DBA entity work was complete (by dating on their invoice) 92 days at the time the lien was filed. There may have been a call back for another area of work with the same contractor license, I do not have the dates recorded for the call back work, they do. But that work was done as the alternate entity. Does this affect the dating? The point here is that I want to satisfy the date, but will need a bit more time to do so.
Real Estate Attorney
The construction lein can foreclose after filing up to 8 months after, the second part of your fact pattern sounds like the lein may be outside of the time frame for proper filing time.
Your construction lien can attach only to the property where the work was performed. Your lien claim must be filed no later than 90 days after you have stopped working on the project. If you have missed this deadline, you lose the right to file your construction lien, but you are still entitled to be compensated for the services you rendered. In order to foreclose on a lien that is filed within the 90 days, you must file a court action within 8 months after the lien claim was recorded.
Hope this helps