Question Concerning a Mechanics Lien on a Cash Job

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Concerning a mechanics lein, if the property subject to the lein is a homestead, both spouses must sign the contract for service for the claimant to have grounds to push for a forclosure. In addition, the contract must not be signed until five days after the homeowner's loan application. When the homeowner takes out the loan, the lender will make sure that these procedures are in line during the application process. But, what if the homeowner doesn't take a loan and agrees to pay half up front and half when the job is complete? Who asks the questions about whether or not the property is a homestead? Is this information considered personal? What steps must be taken to insure the claimant has grounds to push for forclosure on a cash job?