For those who prepare their own mechanic’s liens or those who have unwanted mechanic’s liens filed against their projects or their properties, here’s a hint: A June 4, 2012, Colorado Supreme Court case may make a difference. That case, in responding to a question submitted by the bankruptcy court, answered that a deed of trust (mortgage) that described the property only by its address would not be adequate.
In that case, the deed of trust referred to a legal description that was an attached exhibit, but it was recorded in the office of the county clerk and recorder as required—without the attached legal description. According to the court’s response, the deed of trust was practically ineffective as a lien.