How to File a Mechanics Lien in Arizona - YouTube

Channel: Levelset

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If you’re filing a Mechanics Lien to get paid in Arizona, you’re 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. 
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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. 
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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,
 2.
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The name of owner and hiring party,
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The claim amount, 
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The terms of construction contract that the lien is based on,

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5.
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The date of completion of the entire project,
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A copy of your 20-day notice and proof of mailing, and 

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7.
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And it must be signed and notarized.

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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 we’re 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, it’s time to file. 
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  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, we’re talking about the completion of the entire project here, not just your
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last day of providing labor or materials.  
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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! 
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Which means that you’ll only have 60 days to file your lien after this notice of completion
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is recorded. 
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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, they’re 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 didn’t send a copy of the notice, you can just stick to the 120-day deadline. 
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You should file your lien claim in the county recorder’s office where the property being
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liened is located.
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To make this process easier for you, we’ve put together a list of all the county recorder’s
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offices in the state of Arizona on levelset.com, along with links to their websites. 
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There are a few different ways that you can get your lien recorded in Arizona. 
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If you’re 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. 
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If you’re filing  by mail, you’ll 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 you’ll need to be careful that the digital upload is both formatted properly and is legible.  
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Filing in person is definitely the best option.
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Sure, you’ll 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. 
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Once you’ve 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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You’re also required to send a copy of your lien claim “within a reasonable time”
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after its recorded, but there’s no actual definition of what a “reasonable time”
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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. 
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Once you’ve served your lien, congratulations!
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You’re one step closer to getting paid what you’ve earned.
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But you’re not done yet.
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Your Arizona lien will only be effective for 6 months after filing, so you’ll 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. 
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Keep in mind, if you do decide to enforce your lien rights, you’ll 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 recorder’s office where the lien was filed within 5 days
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of filing the lawsuit. 
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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 you’re 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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Don’t forget, we’re 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.