A mechanic’s or materialman’s lien is a claim created by law against real property and the structures on the property for the purpose of securing priority of payment of the price or value of the work performed and materials furnished in erecting or repairing a building or other structure.
- The original document must be filed within 90 days from the date of completion of work or the last day materials were furnished.
- Specify the amount claimed
- State the service rendered
- Describe the real estate against which the lien is claimed and give the name of the owner(s) of said real estate.
- Give the date the lien became due.
- Give proper notice of when the lien expires and of property owner’s right to contest the lien.
- The law requires specific statutory language to be included in the document and time-sensitive notifications to be sent to the property owner. See O.C.G.A. §44-14-361. Failure to include proper language shall invalidate the lien and prevent it from being filed.
- The law specifies who can file materialmen or Labor Liens, §44-14-361.
- There are set deadlines for contractors and subcontrators under the Notice of Commencement, §44-14-361.5.
- The lien will expire and is void after 395 days from the date of filing if no legal action has been filed, §44-14-367.
The Real Estate Office also files:
- Lis Pendens
- Hospital Liens
- Homeowner (HOA) Liens
- Federal Tax Liens
- Preliminary Liens
- Acceptance and recording of a lien, by a clerk, does not guarantee the lien is valid.
- The Real Estate Department cannot cancel a lien. The original party that filed the lien must file the cancellation.
This is a general description of the lien law and should not be construed as legal advice. Since the lien law is strictly construed, and even minor departures from the lien law requirements typically will void a party’s lien rights, we advise you to consult an attorney for any questions regarding your legal rights prior to filing.