Timely Commencement of Lien ForeclosureThomas 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?