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How to File a Mechanics Lien in Arizona - YouTube
Channel: Levelset
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If youâre filing a Mechanics Lien to get
paid in Arizona, youâre in the right place.
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This is a step by step video guide to help
you file your mechanics lien and get you paid.Â
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Before you jump into filing a lien, be sure
to check if you have the right to file a lien
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in Arizona and have complied with the preliminary
notice requirements.
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If you need help determining if you have lien
rights in Arizona, you can head over to our
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Arizona Mechanics Lien Law FAQs page on levelset.com.
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Step one, is preparing the lien claim document
itself.
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This needs to be (a) in the right format,
and (b) have all the necessary information
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to be valid.Â
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On levelset.com, you can download a free,
customizable Arizona mechanics lien form.
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It was created and reviewed by construction
attorneys and payment experts; and has been
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successfully been used by thousands of Arizona
contractors and suppliers to get paid.
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Make sure you include the following information:
1.
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A property description,â¨
2.
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The name of owner and hiring party,â¨
3.
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The claim amount, â¨
4.
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The terms of construction contract that the
lien is based on,â¨
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5.
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The date of completion of the entire project,â¨
6.
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A copy of your 20-day notice and proof of
mailing, and â¨
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7.
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And it must be signed and notarized.â¨
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Regarding the terms of the contract requirement,
if the contract is written, you should include
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a copy with the lien claim.
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If the contract is oral, this just requires
a simple statement outlining the terms and
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conditions.
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Getting all of the required information can
be difficult, but weâre here to help.
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You can always go to levelset.com and get
free help from lawyers and experts.
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Once you have your lien form properly filled
out and notarized, itâs time to file.Â
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Â
In Arizona, the general rule is that a mechanics
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lien claim must be recorded within 120 days
of completion of the construction or improvement
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of the entire project.
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Remember, weâre talking about the completion
of the entire project here, not just your
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last day of providing labor or materials. Â
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There is, however, one exception.
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If the property owner records a Notice of
Completion, this 120-day deadline will be
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cut in half!Â
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Which means that youâll only have 60 days
to file your lien after this notice of completion
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is recorded.Â
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You might be wondering, how do I know if a
Notice of Completion has been recorded?
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Well, if the owner files one, theyâre also
legally required to serve a copy of the notice
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within 15 days to anyone who sent a preliminary
notice.
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If the owner didnât send a copy of the notice,
you can just stick to the 120-day deadline.Â
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You should file your lien claim in the county
recorderâs office where the property being
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liened is located.
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To make this process easier for you, weâve
put together a list of all the county recorderâs
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offices in the state of Arizona on levelset.com,
along with links to their websites.Â
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There are a few different ways that you can
get your lien recorded in Arizona.Â
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If youâre filing in person, be sure to bring
multiple blank checks so you can make sure
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you get the filing fee right.Â
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If youâre filing by mail, youâll need
to include a self-addressed stamped envelope
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with return instructions if you want to receive
a stamped copy of the recorded lien for your
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records.
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Lastly, there are many Arizona counties (like
Maricopa county) that allow electronic filing
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as well.
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This can be the quickest way to ensure the
lien is filed.
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But youâll need to be careful that the digital
upload is both formatted properly and is legible. Â
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Filing in person is definitely the best option.
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Sure, youâll have to actually go down to
the office and wait in line, but going in
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person will ensure that your lien gets recorded
that day.
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If any issues arise, you can address them
right away and avoid any potential delays.Â
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Once youâve successfully filed your mechanics
lien claim, the last step is to send a copy
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of the lien to the property owner by registered
or certified mail, with return receipt requested.
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Youâre also required to send a copy of your
lien claim âwithin a reasonable timeâ
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after its recorded, but thereâs no actual
definition of what a âreasonable timeâ
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is!
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The best practice here is to send the notice
on the same day you filed your claim.Â
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Â
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Once youâve served your lien, congratulations!
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Youâre one step closer to getting paid what
youâve earned.
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But youâre not done yet.
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Your Arizona lien will only be effective for
6 months after filing, so youâll want to
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enforce your lien, meaning foreclosing on
the property, or release your lien as soon
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as you get paid.Â
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Keep in mind, if you do decide to enforce
your lien rights, youâll also need to file
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a Notice of Lis Pendens.
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This is simply a notice that there is currently
a legal action being taken that affects the
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property.
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It needs to be recorded in the county recorderâs
office where the lien was filed within 5 days
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of filing the lawsuit.Â
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We hope this video has been helpful.
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Filing a lien by yourself can be really difficult,
but if youâre ready and willing to do it
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alone, just follow the steps above to ensure
your lien is filed properly.
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Donât forget, weâre always here if you
want to take the stress out of filing a mechanics
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lien.
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If you have any other construction payment
questions, head over to levelset.com to get
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payment help from lawyers or live chat with
one of our payment experts.
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If you want to see more construction payment
videos, be sure to subscribe to our channel.
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And remember, payment help is here.
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