A Claim of Lien becomes necessary when payment is not received. A Lien can only be filed by someone working directly for the owner or someone providing a timely Notice to Owner. A Claim of Lien is a recorded document which is filed in the county where the property improvement took place. It must be recorded within 90 days of the last day on the job and owner/lessee** must be served within 15 days of recording.
The lien remains in effect for one year and must be foreclosed on by an attorney within this time. This time may be limited by an owners contest of lien which affords the lienor only 60 days to file a foreclosure.
Parties that may file a lien include laborers, material-men, contractors, sub-contractors, sub-sub-contractors and professionals. Parties not entitled to lien include sub-sub-sub-contractors, material-men to material-men, material-men to sub-sub-sub-contractors and unlicensed contractors.
Claim of Lien must be recorded by: in order to keep your Lien Rights intact and proceed to Step 3.
(1) For the purpose of perfecting her or his lien under this part, every lienor, including laborers and persons in privity, shall record a claim of lien which shall state:
(a) The name of the lienor and the address where notices or process under this part may be served on the lienor.
(b) The name of the person with whom the lienor contracted or by whom she or he was employed.
(c) The labor, services, or materials furnished and the contract price or value thereof. Materials specially fabricated at a place other than the site of the improvement for incorporation in the improvement but not so incorporated and the contract price or value thereof shall be separately stated in the claim of lien.
(d) A description of the real property sufficient for identification.
(e) The name of the owner.
(f) The time when the first and the last item of labor or service or materials was furnished.
(g) The amount unpaid the lienor for such labor or services or materials and for unpaid finance charges due under the lienor’s contract.
(h) If the lien is claimed by a person not in privity with the owner, the date and method of service of the notice to owner. If the lien is claimed by a person not in privity with the contractor or subcontractor, the date and method of service of the copy of the notice on the contractor or subcontractor.