The method for filing a
What Is a Property Lien?
Perfection of Liens
Perfection may mean filing something with the court, the county clerk, the county
Types of Property Liens in Tennessee
- Deeds of trust. While most states use mortgages to secure home loans, some states use deeds of trust instead, including Tennessee.
- Motor vehicle liens. Financing the purchase of a vehicle almost always results in a
on the vehicle that remains until lien in full. the car loan is paid
- Mechanic's liens. Mechanics'
occur when construction work liens on private property and the property owner doesn't pay for the work. is performed 's liens. A Garagekeeper 's garagekeeper is a lien mechanic's lien that applies to vehicle mechanics who type of for repairs and still have possession of the vehicle. are not paid
- Judgment liens. If a creditor
a money judgment against an individual who owns real estate, obtains as a lien against the real estate. the judgment can be recorded
- UCC liens. In a commercial lending transaction, a business may borrow money and give the lender a lien on certain assets (or all assets). The lender takes a lien on the assets under the Uniform Commercial
or UCC. Code,
Recording a Deed of Trust
The creditor must make sure the deed of trust meets all the legal requirements for validity under Tennessee law, and then the creditor must pay a fee to the Register of Deeds to have it recorded. Once recorded, the world is on notice that the creditor has a lien on that property.
Recording a Lien on a Vehicle
Liens on motor vehicles
To record a lien on a vehicle, the creditor must provide the county clerk a completed Application for Noting
If the lien is a second lien
Mechanic's and Materialman's Liens
Perfecting a Construction Lien
Subcontractors and materials suppliers, however, must provide notice to the property owner or the general contractor
's name and the address to which the owner or general contractor may send communications. lienholder
- A general description of the work or materials provided.
- The amount owed as of the notice date.
- A statement of the last date work
or was performed . materials were provided . A description of the property against which the lien is claimed
The lien may only include the unpaid balance and no extra items like attorneys' fees, interest or late charges.
Duration of a Construction Lien
The lien remains on the property for only one year. If
Garagekeeper's Liens for Unpaid Vehicle Repairs
A vehicle owner has 30 days after
- The mechanic must submit a Vehicle Information Request Form to the Department of Revenue with an itemized list of charges on business letterhead. The state must then provide owner and
information about the vehicle to the mechanic. lienholder
- Once the vehicle information
, the mechanic must provide notice to the vehicle owner and anyone listed as a is received . lienholder
- The notice must be in writing and sent by registered mail, or
in person. If delivered in person, a notarized affidavit of service it may be delivered . is required
- The notice must
the vehicle and an itemization of charges. It must also notify the recipients include a description of they have 10 days from that delivery of the notice to pay the charges and recover the vehicle. If the date of , the vehicle may no response is received off. be auctioned
Sale of a Vehicle With a Garagekeeper's Lien
To enforce the
Creating a Judgment Lien
Perfecting a UCC Lien
When a business gives up assets as collateral for a business loan, the lender perfects its
either at the office of the Secretary of State, the county A lien may be recorded of Deeds or the Department of Revenue. Register
- Tennessee Department of Revenue: What is a Garagekeeper's Lien? How Do I Get One?
- Tennessee Department of Revenue: Lien Notation
- Tennessee Department of Revenue: Garagekeeper's Lien
- The Law Office of Timothy H. Nichols, PLLC: Tennessee Mechanics' Liens: The Basics
- Tennessee Courts: Rule 69. Execution on Judgments
- Rochford Law & Real Estate Title: Tennessee Mortgage Information: Who Signs The Mortgage And What To Expect
- Tennessee Secretary of State: Financing Statement Instructions (UCC1)
- Justia: Tennessee Code, Title 66, Section 66-11-145
- Some courts have online forms that you can file for a lien. Search the courthouse's website before you begin, or ask the clerk if there is an online filing method.
- Get an attorney to help represent you. If you're really determined to collect your debt then a lawyer that knows the law in and out for liens and civil suits is an invaluable ally.
Rebecca K. McDowell is a creditors' rights attorney with a special focus on bankruptcy and insolvency. She has a B.A. in English from Albion College and a J.D. from Wayne State University Law School. She has written legal articles for Nolo and the Bankruptcy Site.