Chapter 4 - § 4.6 • FORECLOSURE COMPLAINT — CONTENT AND ALLEGATIONS

• Jurisdiction: Colorado

§ 4.6 • FORECLOSURE COMPLAINT — CONTENT AND ALLEGATIONS

According to the mechanics' lien statute, "[i]t is sufficient to allege in the complaint in relation to any party claiming a lien whom it is desired to make a defendant, that such party claims a lien under [Article 22] upon the property described . . . ."³⁴ But according to case law, "[e]very fact necessary in the creation of a lien must be set forth in the complaint . . . ."³⁵ And the plaintiff is "bound to allege all the matters which would establish a right to file a lien claim in exact and literal compliance with the statute as against the[] other lien claimants, and the acquirement of a right superior and prior in time to those possessed by the defendants."³⁶

The customary practice is to allege in a mechanics' lien foreclosure action all facts that would establish the right to the lien and superior rights in the subject property over the defendants. This includes, at a minimum, a proper description of the property, allegations concerning the nature of the work performed or materials supplied that give rise to the lien right, an allegation that money is owed, allegations establishing compliance with the statutory notice requirements, allegations establishing compliance with the recording requirements, an allegation that the plaintiff's lien is superior to the rights of the...