Table of Contents:
- How to File a Lien on a House in Maine
- How to File a Lien on a House in Georgia
- How to File a House Lien in Washington
File a mechanic's lien by filling out a certificate of lien with the registry of deeds of the county where the property is located within 90 days of the last supply of labor or materials.The time limit refers to 90 calendar days. A lien holder can enforce a lien after filing a certificate of lien, even if the homeowner sells the house before the work is completed.
Locate the Registry of Deeds in the county where the property is located by calling the county courthouse or conducting an online search. There are two Registry of Deeds offices in Aroostook County, so be sure to get the one that covers the location of the house.
Fill out a certificate of lien. There is no specific form, but a certificate of lien for a mechanics lien must include an identifying description of the property covered by the lien and the names of the property owners, if known.
Sign the certificate of lien, swearing to the accuracy of the information. You must have the form notarized, according to the Cumberland County Registry of Deeds. Mail or take the certificate to the Registry of Deeds in the county where the property is located, along with the filing fee.
Enforce and preserve the lien by filing a civil lawsuit in the county where the property is located within 120 days of performing the last work on the house, or furnishing the last materials. Without the lawsuit, the certificate of lien expires. Contact a lawyer to handle the civil lawsuit.
Qualify for a mechanic's lien. Georgia allows a wide range of workers to file a mechanic's lien against real property. To qualify for mechanic's lien, Georgia law requires a person to have contributed work, supplies or anything of value that added to a property. This includes work done by construction workers, laborers, suppliers, contractors and subcontractors, architects and anyone else aiding in the construction or renovation of the home.
Prepare the lien documents. The mechanic's lien must state that kind of work provided, the person or organization who provided the work, the amount in dispute, the location of the property, and the date on which the claim became due.
File the lien within the required time period. Georgia law requires that a mechanic's lien be filed within three months from the last day of work provided by the filer. If the party filing the lien is a supplier of materials, they must file within 30 days from the last date in which supplies were delivered. The lien must be filed at the county courthouse in which the property is located.
Send a notice to the property owner. At the time of filing, the claimant must send a copy of the lien to the owner of the property or their agent. This can be done via registered or certified mail, or personal service.
Make amendments. Georgia law allows for lien filers to make amendments to their claim, but the amendments must be filed in the same time period as the original lien. In other words, any amendments made must be filed within 30 days from the last day of work on the property.
Send a notice to the party you will be filing the lien against. This notice should give the party 10 days to reply and to satisfy the debt owed. This action is usually enough to get payment because a construction lien has serious legal ramifications for the property owner. A lien can be filed after the 10-day period has passed.
Obtain a construction lien sample form to file. This can be obtained from a lawyer or a document service company. An example can be found on the Washington State Legislature website.
Fill out the necessary information on the lien form. The information you need to have includes the name of the party the lien will be filed against, the amount of the claim, description and address of the property in question and the owner of the property (if different than party that owes the debt), the personal information of the filing party and the date the contractual obligations ended.
File the document within the county the property is located in at the County Recording Office. You have a 90-day window to file a lien. This time frame starts to run on the date your obligations under the construction contract were completed or ended. You give up your right to file a lien after 90 days.