Kiser v. Russell County (In Re Kiser)

MEMORANDUM DECISION

WILLIAM F. STONE, JR., Bankruptcy Judge.

The issue before the Court is whether a mechanics’ lien can be properly perfected against real property held as tenants by the entirety when only one of the owners was listed on the Memorandum of Mechanics’ Lien.

FINDINGS OF FACT

Jackson and Laura Kiser (“Kisers”) acquired by separate deeds two lots, apparently adjoining, in Russell County as tenants by the entirety with rights of survivorship. The Kisers proceeded to build a house situated on one or both of these lots and purchased material for such purpose from Builders’ Supermarket.…