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How to file a lien?

Updated: 8/19/2023
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12y ago

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A Mechanic's lien is filed by going to the city or county recorder's office with the documentation required by the state where the property is located.

To file a lien against a debtor for other purposes, the lender must sue the borrower and then enforce the judgment award as a lien against real property belonging to the person in question.

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8y ago
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12y ago

Fill out a lien form (you can ususally buy one at an office supply store or copy one at your local library) then take it to the county recorders office and pay the filing fee. Depending on the laws in your state, you may be required to have it drawn up by a lawyer.

A Mechanic's Lien can be filed with the county assessor or land recorder's office in the county where the property is located.

All other property liens require a writ of judgment which is entered against the defendant after the plaintiff has won a lawsuit.

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12y ago

Take your lien to the courthouse records or deeds room. Pay the filing fee and give it to the clerk.

Clarification

In some jurisdictions a judgment lien must be recorded by the sheriff's department. You need to check with the court that issued the lien.

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13y ago

You don't "apply" for a lien. You need to sue the person who owes you money. If you win the suit then you must request that the court issue a judgment lien and the lien can be recorded in the land records against the person's property.

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12y ago

Leins fall under the Uniform Commerical Code. In most states, the UCC is handled by your respective Secretary of State's Office. You should inquire with your State's Secretary of State Office - if they do not handle such, they can recommend which agency does.

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13y ago

The law involving liens is quite complicated. If you need to file a lien against someone's house, then I strongly recommend you retain an attorney to prepare and file the lien documents. That way, you will avoid any costly mistakes.

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15y ago

To place a lien on real estate a judgment must be issued by the court and then recorded in the land records where the property is located.

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13y ago

You record the signed mortgage in the local land records office.

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