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Missouri's mechancis' and materialmen's lien law was enacted with an intense focus on those who provide labor and materials for the construction of buildings or improvement of real estate. In crafting the lien law, Missouri lawmakers attempted to ensure that everyone who provides services on a construction project will be paid for those services. The goal of the lien law is to avoid non-payment of contractors, subcontractors and suppliers whenever possible. To that end, Missouri allows those who have not been paid for work performed on a jobsite to file a lien, or encumbrance, against the property. The filing of a MO lien allows the contractors and suppliers to use the real estate as security, or collateral, for the money they are owed. The lien makes it difficult for the owner to sell, refinance, or otherwise transfer the property without first paying the lienors. If the property is sold, the lienors are entitled to payment out of the sale proceeds. The lienors can also force a sale of the property to recoup the money owed to them. In Short, when a Missouri mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property and allows the lienor to foreclose on that property.
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No. Oral contracts are sufficient if you have sufficient documentation to show the existence of an agreement or that you performed the work for which you are attempting to file a Missouri mechanics lien.
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