Claim of Lien

Claim of Lien

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Use this Claim of Lien form to notify property owners that they owe payment for construction labor and/or materials.

  • Prevent an owner of the property from selling or transferring property until a lien is paid.
  • Officially record a construction lien.
  • For property owners who lease and real estate investors.

A claim of lien is a legal claim to property that operates as security against any amount of money or services owed to another person or entity. A claim of lien must be recorded in a public records office so that anyone else with a potential interest in the property has notice of the pending claim. Filing this form places a lien on the property, which restricts the owner's ability to use it as collateral for a loan, sell it, or otherwise transfer it. A lien can also be foreclosed by filing a lawsuit in order to force a sale and pay all lien claimants according to what they are owed and what order they are to be paid.

Filing and recording a claim of lien is an essential step in ensuring that you have priority of payment versus all other lien claimants with their own potential claims against the property. Unless you are providing labor only, prior to filing your claim of lien, you must first serve a notice on the owner setting forth the lienor's name and address, a description sufficient for identification of the real property, and the nature of the services or materials furnished or to be furnished.

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