Lien Law Update: MN Says Lien Attorneys Not FDCPA-Immune

• Minnesota Court Rules Attorney Serving Notice of Lien Not Immune from FDCPA Requirements: The Minnesota Court of Appeals found when an attorney, who agreed that he was acting as a debt collector, served a mechanics lien on a consumer, the lien notice should comply with the Fair Debt Collection Practices Act and contain appropriate warnings and next steps for the recipient. Complying with the FDCPA will require attorneys in Minnesota to re-write their standard lien notice and filing letters to contain the necessary text.
• Contractor Lawsuit Signals More Trouble for Beleaguered Las Vegas Alon Project: The Alon casino project has been stalled since it lost its primary backer last year. Recently, the contractor has sued the landowners for deceptive trade practices and breach of contract. They claim they had begun work on the project when it changed hands again and as a result of the latest sale, they have not been paid for work performed.
• Indiana Recorders Association: SB 505 On Its Way Home!: New law in Indiana calls for electronic recording of liens and higher filing fees. Starting January 1, 2018 all documents may be recorded electronically with the counties. In addition, the filing fee will increase from $13 to $25 on July 1, 2017.

Keeping up with changes in the law is one of the important aspects of our work at National Lien & Bond. We want to make sure our clients are following the right processes for mechanics liens and are able to take advantage of the latest changes and improvement in the law.