How to file a Mechanics Lien [in every state!] - YouTube

If you have provided labor, materials, equipment, professional services or just about anything

else to a construction project, but aren’t getting paid, you may be able to file a mechanics

lien against the property to secure payment for the work that you've done.

But before you do that, check out our previous videos on the notice of intent to lien and

SET method to make sure you’ve exhausted all other options.

If you decide to file your mechanics lien, you first need to figure out whether you have

the right to file the lien.

This typically involves asking yourself three questions: Does state law allow you to file

a lien?

Did you send the required notices?

And are you within your lien deadline? 

The first question is tricky, because each state allows some types of people on a construction

project to file liens, and prohibits others.

The most traditional construction participants – for example, general contractors, subcontractors,

and material suppliers – almost always have lien rights. 

If you’re not sure if your state allows you to file a lien, head over to levelset.com

and check out our free state by state mechanics lien resources. 

To answer the second question, generally speaking, you’ll want to pay attention to these 2

main notices: 1.

The Preliminary Notice: Many states require contractors and suppliers to deliver a “preliminary

notice” to the property owner at the very beginning of work.

This notice is sent by certified mail and if you don’t send this notice on time, you

likely lose lien rights. 


2.

The Notice of Intent to Lien: Only a few states require the “notice of intent to lien,”

but it’s usually a lot easier for contractors and suppliers to deal with than the preliminary

notice.

If your state requires a notice of intent be sent before a lien filing, you simply need

to send this notice before filing your lien.

But don’t wait too long after you file a notice of intent, because your lien deadline

won’t wait for you!


Finally, you want to make sure you’re within your lien deadline.

Every state sets forth a timeline to file a lien.

These deadlines are strict, and there are very few exceptions.

The lien filing timeline is usually tied to the completion of the project, or the last

day you provide labor or materials.

Again, you can find your state’s lien and notice deadlines in our free state by state

lien resources on levelset.com

If you have the right to file a lien, it’s time to fill out the lien claim itself.

There is certain information that must be included and accurate for the lien to be valid.

For example, most states require a legal property description, as opposed to a simple address.

Making a mistake on these forms may cost you additional fees, or even the loss of your

lien rights.

Check out our recent video on common mechanics lien mistakes so that you can avoid them and

make sure your lien is valid.

It’s also a good idea to consult your county recorder’s office ahead of time to learn

any other special filing requirements.

Once everything is filled out properly, it’s time to file your lien with the recorder’s

office. 

All mechanics lien claims need to be filed in the county where the project is located.

Once you know the county, you’ll need to figure out which county office files mechanics

liens.

In this video, we refer to these offices as the “County Recorder” office, and it may

indeed be called that in your county.

However, it is possible for the office to be called something else, like the “Clerk’s

office” or the “Tax Records” office, etc.

Like we said earlier, you’ll save time and energy if you contact the recording office

for specific requirements and procedures before filing your lien.

It’s not uncommon for a lien to be rejected by the county recorder several times before

the claimant gets it right.

This could be for any of the following reasons and more:

• The document is formatted improperly
 • Incorrect filing fees


• Minor typos
 • Specific information is missing


• Not having a cover sheet 
 Next, let’s talk about how to file your

lien with the county recorder’s offices directly.

1.

You can go in-person: If you’re going to do the lien filing yourself, then this is

probably your best option.

And often, if you’re unable to do this yourself, you can send a courier to record the lien

for you.


2.

You can mail file your lien claim: If you are mailing your lien claim, be aware of mailing

delays that might cause you to miss your deadline.

Also it’s important to note that mailing a lien claim to the recorder’s office can

also take much longer to process due to backlog!


3.

You can also file your claim electronically: Some counties have electronic filing or “eRecording.”

But you’ll typically have to register with a third party eRecording service to take advantage

of this.

Very few counties allow contractors or suppliers to electronically record liens directly.

Using a third party eRecording service makes sense for people who frequently deal with

county recordings, such as law firms, mortgage lenders, etc..

For contractors or suppliers who only deal with this infrequently, setting up and paying

for an eRecording account doesn’t make sense.


The last thing you’ll need to keep in mind, is that in most states, if you’re the person

who files the lien, you also need to notify the property owner, prime contractor and construction

lender.

Once your mechanics lien is filed, it's only valid for a short period of time, which again,

varies from state-to-state.

A handful of states will allow you to extend this period of time, but sometimes this requires

permission from the property owner.

If the deadline to enforce your lien is approaching, you’ll want to make sure you either extend

the deadline, or enforce the lien.  

I hope this video is helpful.

Leave a comment down below and let us know any difficulties you’ve had with filing

a mechanics lien claim, and subscribe to our channel if you want more construction payment

related videos.

If you need help filing a lien in any state, we’re here to help.

Visit levelset.com for free state by state resources and forms; talk or live chat with

one of our  payment experts, or ask a specific question in our Ask an Expert Center.

And remember, payment help is here.