Can the lien claimant sell the land if the lien is not paid out?
Although it seldom occurs in practice, if the debt remains unpaid the lien holder may eventually force the sale of the land to recover payment for the debt. Before getting an order for sale of the land the lien claimant will first have to obtain a court ruling that the lien is valid (i.e. the claim of lien form itself was not defective) and that the lien claimant is entitled to payment. Generally the owner of the land will be given a reasonable opportunity to pay out the debt, perhaps by obtaining an additional mortgage on the land, before the sale of the land is ordered by the court.
Need help with a builders lien issue? Click here for our recommended lawyer.