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· 9/11/2023

Carolina Holdings Midwest, LLC, a Delaware limited liability company, d/b/a Inter-State Lumber v. James A....

Syllabus

1. When property owners have acknowledged receipt of pre-lien notices sent in good faith to their current residence by certified mail and signed for by a mail carrier, the fact that the owners did not personally sign for the pre-lien notices does not void the liens. 2. When mechanic's lien creditors send copies of lien statements by certified mail to the work site address given by the property owners as their address, the fact that the mailed copies are not accepted at that address does not void the liens. 3. Minn. Stat. § 514.03 (2000) does not limit the amount of mechanics' liens to the reasonable value of the property. 4. When mechanic's lien creditors have not consented to property owners' demolition of the real property that secures the liens, the creditors are entitled to a personal judgment against the property owners for lien amounts not satisfied by the foreclosure sale. 5. When mechanic's lien creditors have not consented to property owners' demolition of the real property that secures mechanics' liens and the amounts of the liens are not satisfied by the foreclosure sale, the creditors are entitled to attach the owners' personal property.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.