How to File a Lien Online

In simplest terms, a lien is a financial claim you hold against someone else’s real property. Because of your claim, the owner of this property cannot sell or transfer title to the property to anyone else until your financial claim is satisfied. The most commonly discussed lien is the mechanic’s lien that protects contractors or other workmen against non-payment by homeowners and general contractors. Another lien you may file is a judgment lien to help you collect money awarded to you by a court. Eventually you may choose to enforce your lien by forcing foreclosure on the real property against which you levied the lien. Courts across the country have modernized the way they do business and it is not unusual to have a lot of the procedures taking place via the Internet. Learning how to file a lien online will save you a lot of time and at the same time also prevent some of the mistakes that could invalidate your claim!

Difficulty: Easy

Instructions

1. Log on to the Clerk & Recorder’s website for the county in which the property that will become subject of the lien is located. Since lien laws vary across the nation, it is imperative that you find out exactly which documents you need to file, the filing fees that are involved, and also if the particular Clerk & Recorder’s office will accept online lien filings in the first place.

2. Access the online filing option in the county where the real property you are putting a lien on is located.

3. Scroll through the document explanation and begin by entering your or your company’s name, if you are filing for your business. If the latter is the case, identify your name, relationship to the company, and also if it is a sole proprietorship, corporation or limited liability company. Finish inputting your or your company’s information.

4. Supply the information about the owner of the property on which you are placing the lien. You need the full name, address, and also the relationship you and the owner have. For example, you may be a judgment holder or a subcontractor in case of a mechanic’s lien.

5. Input information pertaining to the reason for putting a lien on the property. If you are filing a mechanic’s lien online, you will need to supply a bit more information than if you are filing a lien on a judgment. In case of a mechanic’s lien, specify in detail the total of the contract or invoice and how much was paid. In addition, when you file a lien online as a contractor, the Clerk & Recorder’s office requires the dates on which you began work, stopped, work, and—if required by your rules of civil procedure—the date on which you served an intent to file a lien.

6. Furnish information about the property on which you are placing the lien. You need the owner’s full name and in some cases also the legal description of the real property. The latter may be found via the website of the County Assessor. If there is more than one owner to the property, you need to list all of them.

7. Print out copies of the completed loan documents. Read carefully through the online options to learn if the Clerk sends out the documents to the parties named in the paperwork of if you are required to do so.

8. Pay the filing fee for the online lien with your credit card. Filing fees vary by state and county.

9. Serve the affected parties with the lien documents, if necessary. Do so by certified mail, return receipt requested.

Tips & Warnings

• There are very strict rules about the amount of time you can let go by before filing a lien. Make sure you know what these time frames are and how they apply to your case. Failure to adhere to these stipulations will invalidate your lien filing.
• Do not overstate the amount of money that is owed. If and when you decide to enforce your lien, you must back up each penny to which you claim entitlement.
• Please note that these are general instructions on how to file a lien online. This is not legal advice! If you are in need of legal help, please consult an attorney.

Resources

• Visit the USLegalForms.com website if you decide to go the paper route and download state specific construction lien forms.
• If you have a question pertaining to your lien filing but do not want to spend hundreds of dollars for an attorney’s time, visit the Law.JustAnswer.com website where experts will answer brief and concise questions for a fraction of the cost.
• A homeowner on the other side of the equation will do well to visit the ContractorsFromHell.com website and learn how to protect themselves from having a lien placed on their real property.