Every state’s mechanics lien form and filing requirements are different, and one simple requirement you want to be clear about whenever filing a lien is whether the lien statement must be notarized, or not. The saga of whether the Louisiana mechanics lien must be notarized is a rather interesting one.
Private Louisiana Mechanics Liens Do Not Require Notarization
The Louisiana mechanics lien is referred to in the statutes as a “Statement of Claim and Privilege,” and the contents of the mechanics lien is set out in La. R.S. 9:4822. Originally, the mechanics lien claim in Louisiana required notarization. In fact, the requirement is so entrenched in Louisiana legal folk-lore, that it’s very common to see mechanic liens filed in the state containing a notarization.
When the law was changed, however, the requirement that the mechanics lien document be notarized was specifically removed by the legislature. This is address in the statute’s Comment (g), which states “The requirement that the statement be sworn has been abrogated.” So, if there was any doubt as to whether the statement needed to be sworn and notarized, that doubt was specifically eliminated by the legislature in this comment.
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State and Parish Louisiana Public Lien / Bond Claims Must Be Notarized
Interestingly, the notarization requirement has been preserved for bond claims against state projects in Louisiana. The Public Works Act’s La. R.S. 38:2242(B) provides that those filing a claim against a public project “file a sworn statement of the amount due him with the governing authority having the work done and record it in the office of the recorder of mortgages for the parish in which the work is done.” Requiring that the filed statement be a “sworn statement” of the amount due indicates that the document must be notarized.
Requiring a sworn and notarized statement be filed with the recorder for state bond claims and an unsworn statement be filed with the recorder for private mechanics lien claims is very unique to Louisiana. Typically, if a state’s laws require a sworn statement, they will require it when encumbering private property, and not when making a simple bond claim on a state project. In fact, many states don’t require that a bond claim / public lien claim get filed at all!
A benefit to using Levelset when filing your Mechanics Lien Claim or Bond Claim is that our systems understand all of these nuances. If a claim must be notarized, it’ll be notarized. If it must be filed, it’ll be filed. And you won’t have to lift a finger or waste a moment thinking about it, or arranging a notary.
Did You Know That Louisiana Notaries Are Tough To Find?
Finding a notary in Louisiana isn’t very easy. While most states allow practically anyone to become a notary with the proper application and bond, and you can normally find a notary at every corner bank, Louisiana has strict testing requirements for notaries. In fact, becoming a notary is almost as difficult as becoming an attorney in the state. As a result, notaries are difficult to come by and you certainly won’t find one at your local bank. Take a look at the Civil Law Notary entry at Wikipedia.