How do you perfect a Mechanic's Lien?

Answer 1

"Perfecting" a mechanic's lien is a multi-step process that varies from state to state. Mechanic's liens laws are created by statute. Each state has its own set of statutes. Even though some states may have similar statutes to other states, the courts then construe the statutes to determine what the legislature meant when they passed the statutes and, of course, courts vary widely on their decisions. I am an attorney in Cleveland, Ohio. A large part of my practice is mechanic's liens. In Ohio, the process, from the lien claimant's perspective, starts with the service of a Notice of Furnishing. Next, assuming that you haven't already waived your lien rights by recklessly signing lien waivers with the payments that you may have received, the lien is prepared and filed with the County Recorder. The next step is technically the PERFECTION step. In Ohio, after the lien has been filed it must be served on the project owner within 30 days. Service can be completed by several different methods, the most common of which is sending it via certified mail. It may also be served by over night courier Sheriff or another process server, essentially any way that returns a signed receipt. If it cannot be served within that 30 day period, there is an additional 10 day period to perfect the lien by posting it on the project. This is a seldom used step. Mechanic's lien laws are usually strictly construed, so you need to complete each step perfectly. I recommend that if you don't know what you are doing, that you find a local attorney THAT KNOWS HOW TO FILE MECHANIC'S LIEN (all attorneys are not equal and the cheapest is not always the best). I am a past Chair of the American Subcontractors Association Attorneys Council which has given me great contacts across the country. If you would like to find an attorney that can help you do this, please feel free to contact me via email (in my profile). I will be happy to locate an attorney in your state to help you (of course I do NOT charge for that) I have also written some articles for the Builders Exchange Magazine you may find helpful. You may find them at http:/ohiolienlaw.com/bx/resources.php . You may also find it useful to review your state's statutes. Here is a link to Ohio's Mechanic's Lien Statute. http://codes.ohio.gov/orc/1311 . I hope that this helps.