A lien on the registry can hold up a sale, a refinance, or a construction draw. Iowa law gives owners tools to test the lien and force the claimant to act. Nick Hudson reviews the lien, checks whether the claimant met its notice requirements, and handles the response for a flat fee of $350.
A lien on the registry can hold up a sale, a refinance, or a construction draw. Nick Hudson reviews the lien, checks whether the claimant met its notice requirements, and handles the response for a flat fee of $350. Call 515.519.3600 or schedule a consultation.
First, find out whether the lien is any good
Many liens are limited or unenforceable because the claimant missed a notice. On a residential project, a subcontractor who did not post a Preliminary Notice under §572.13B generally cannot enforce a lien against an owner-occupied home for more than the owner still owes the general contractor. On commercial projects the 30-day notice to the general contractor under §572.33 does similar work. A lien posted more than 90 days after last furnishing is limited under §572.10 to what the owner still owed the general contractor when it was posted. We check each of these before anything else. The Iowa mechanic’s lien guide explains each notice.
Then, make the claimant act or release
Under §572.28 the owner may serve a written demand requiring the claimant to commence an action to enforce the lien within 30 days. If the claimant does not file, the lien is forfeited. For a lien that is valid, we negotiate a release against payment, a bond, or an escrow so your closing or draw can proceed. A lien can hold up a closing, and it can stop construction draws until it is resolved.
Keep the next project lien-free
Collect conditional and unconditional lien waivers with every pay application, confirm the general contractor posted the Notice of Commencement on residential work, and search the registry before each draw. We build these steps into the construction contracts and loan documents we draft for developers and lenders.
Common questions
Can a subcontractor lien my house if I paid the general contractor?
On an owner-occupied residence, a subcontractor generally cannot enforce a lien for more than you still owe the general contractor unless it posted a Preliminary Notice on the MNLR under §572.13B before you paid. We check the registry to see whether that notice exists.
How do I find out if there is a lien on my property?
Search the Iowa Mechanics’ Notice and Lien Registry at the Iowa Secretary of State. The registry charges a small search fee. We include the search in our $350 owner response.
How do I get a mechanic’s lien removed in Iowa?
Three routes: the claimant releases it after payment or settlement; you serve a demand under §572.28 and the claimant fails to sue within 30 days, forfeiting the lien; or a court rules the lien invalid. We start by determining which route fits.
What is a §572.28 demand?
A written demand served on the lien claimant requiring it to commence an action to enforce the lien. The claimant then has 30 days to file suit or the lien and all benefits from it are forfeited. Preparing and serving the demand is included in our $350 owner response.
Can a lien stop my closing or construction draw?
A posted lien is a title matter, so a buyer, lender, or title company will usually require it to be released, bonded, or escrowed before closing or funding. We handle that negotiation.
What do lien waivers do?
A lien waiver is the contractor’s or supplier’s written release of lien rights for work paid. Collecting waivers with every pay application is the most reliable way to keep liens off a project.
What does it cost to respond to a lien?
Our flat fee for the owner response, including the registry search, review of the claimant’s notices, and the §572.28 demand or release negotiation, is $350. Litigation, if needed, is hourly at $250.
Keep your project moving. Call Nick Hudson at 515.519.3600, email nick@conveyance.law, or schedule a consultation online.
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Working with our firm
If you’re considering a project, structuring a transaction, or working through a problem that’s developing, we’d be glad to talk. The decisions made early in a deal compound, and engaging the right legal counsel before the structure is locked in is meaningfully more valuable than fixing things later.
Conveyance Law, PLC | Des Moines, Iowa | 515.519.3600
