Depending on your aim for the filing, creating a commercial lien on a commercial property can yield interesting results. The commercial lien is used by the IRS to take possession of the homes and cars of many citizens in America. However, when it comes to all things outside of the IRS from real estate to basic business practices, the commercial lien is something that just about anyone can file.
Filing a Commercial Lien
Based in part on the Commercial Real Estate Sales Commission Lien Act, a commercial lien can be attached to an owner’s net proceeds of a commercial property and under common law of negotiated instruments (better known as commercial law) you can file a commercial lien on just about anything. The bulk of commercial liens are filed based on contractual duty or obligation. For example if you do business with someone and have contracted them to finish remodeling your front yard, if they refuse then you can put a commercial lien on their home as a tactic of forcing them to complete their contractual obligations.
You can file commercial liens on properties in states that you have never been in but it is mainly used by citizens to make government officials obey those laws that they have sworn to uphold. This is because a commercial lien attacks the personal property of your intended target. Commercial liens do not need a court judgment in order to be established or executed. All you need to do is file the paperwork against the other party.
What Happens When a Lien is in Place?
Once a commercial lien in put into effect, it cannot be removed without the permission and approval of the person who filed the lien. It does not matter if the other person tries to have a common law court challenge the lien, it will still remain in place in the executor agrees to remove it. Additionally, commercial liens can be in effect for as long as 100 years.
While a commercial lien may sound a bit far-fetched, it is something that is legal and can be used strategically. Many lawyers may not necessarily buy into the commercial lien strategy, however it is a mechanism that can be instituted when you find yourself in a jam regarding negotiation. There is something called the commercial lien strategy that you can try prior to instituting commercial liens against high ranking officials. However, when it comes to matters of basic business or contract negotiation and negation, instituting a commercial lien may be a formidable option. You'll need to get the help of an experienced commercial real estate attorney to go this route, however, as your attorney can guide you through the process and make sure you file correctly to get the commercial lien.