Timely Commencement of Lien Foreclosure

Thomas Tripodianos
October 18, 2008 — 281 views  


Question.  Lienor entered into an agreement to provide ready-mix concrete to subcontractor.  Following nonpayment Lienor filed a mechanic's lien against the property on February 2nd.  Lienor deposited in the mail a summons and complaint seeking to foreclose its lien and to recover damages from Subcontractor to the County Clerk between 4:30 P.M. and 5:00 P.M. on January 31st. It is undisputed that the summons and complaint were date/time stamped by County Clerk on February 3rd.  Was the action timely commenced?


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