Did you know that your lien rights differ from state to state? It’s an important nuance to understand because filing an invalid lien can have a lot of implications. The consequences vary case by case, but a few things that could happen if you file an invalid lien are:
- Civil and criminal penalties: Filing a fraudulent lien can be a criminal offense and result in civil penalties.
- Damages to the property owner: An invalid lien can damage the property owner’s title and may require the lien filer to reimburse the owner’s attorney fees.
- Project delays: Invalid liens can cause project delays and other problems.
- Interference with property transactions: Liens can make it difficult to sell, finance, or refinance a property.
So when it comes to liens, you’ll want to ensure everything is above board. In my opinion, regardless of whether you file the lien or have a legal representative do it, it is to your benefit to get help from a legal representative who knows lien rights. And that’s not every attorney. Plenty of lawyers (and even judges) aren’t very knowledgeable about lien rights, which means it’s even more important to do everything right on your end to avoid headaches. If you need assistance, Cromeens Law Firm is equipped to help you advocate for your lien rights in all 50 states.
What Are The Lien Requirements?
The exact requirements will vary by state, but in general, here are the requirements you need to have a valid lien.
- The lien must contain the actual amount that you are owed.
- The lien must include the name and last known address of the owner.
- The lien must include a general statement of the kind of work you did at the property.
- The lien must include a statement for the months you performed the work for which you are seeking payment.
- The lien must include the name and last known address of the general contractor.
- The lien must include a brief legal description of the property and the county the property is located.
- The lien must include your name and address.
- The lien must include the dates you sent notices to the owner and general contractor and the method by which the notice was sent.
- The lien must be sworn to in front of a notary.
- If your lien is on a homestead, it needs to include the following heading: “NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.”
If you’re filing a lien, regardless of your confidence in your ability, it can’t be stressed enough how much it can help you to hire a legal expert to look at it. An expert can help you make sure that you are fulfilling these 10 requirements for a valid lien before you make a hasty mistake.
The Cromeens Law Firm is committed to helping our clients do so at a low rate that works for them and their businesses. If you need legal assistance on lien rights or any other construction law matter, reach out today!
