I have already sent a notice of intent to lien and am ready to proceed with filing the claim of lien. Do I need an attorny or can I file it myself? What is the step by step process?
3 replies
Jun 22, 2020
Maryland mechanics liens are particularly unique compared to most other states in the US. The main reason being, that the act of "filing a mechanics lien" is a petition for legal action. The lien isn't established at the time of filing, rather a hearing will take place show cause after the petition has been filed and served. Since this is a legal action, we absolutely recommend hiring an attorney to represent you. In fact, if filing on behalf of a company, you will be required to have counsel.
The general process of filing a lien includes filling out the proper form with all of the required information. In addition, you will need to include an affidavit verifying the facts that the lien claim will be based upon. Once these two documents are prepared, they (and any supporting documentation like a copy of the contract or invoices) need to be filed in the clerk's office of the circuit court of the county where the property is located 180 days after last furnishing labor or materials to the project.
After filing, the hearing will take place. If the court determines there is a proper cause of action, an order will be granted. The order needs to be served on the property owner and they will have 15 days from receipt of the order to show cause why the lien should not be recorded. Since this is a legal action, the service requirements will be governed by the Maryland rules of civil procedure.
Here are some additional resources that you may find helpful:
Hello, yes, as a company, you have to hire counsel to file the lien action. There are also different requirements if the project was a residential one.
Tracy Steedman
Construction Lawyer
410-986-0822
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Jun 23, 2020
Assuming you are a corporation, LLC or other business entity, yes, a lawyer is required. In Maryland, mechanic's liens are filed in court, not land records, and an initial hearing before a judge is required to establish the immediate, interlocutory (ie, interim) lien, while the case is scheduled for a full trial to establish a permanent lien which can be foreclosed upon.
I can be reached through my Levelset profile with any further questions.