New Jersey Notice of Unpaid Balance and Right to File Lien Form
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If you do not wish to file a mechanics lien but want to protect your lien priority in the event the property owner sells the premises, you may file a “Notice of Unpaid Balance and Right to File Lien.” This is not a lien, but it does offer you some protections in the event the property is sold or transferred after this form is filed. This is not a substitute for a mechanics lien.
After completing the New Jersey Notice of Unpaid Balance and Right to File Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about New Jersey Preliminary Notice
Preliminary Notice
Ms. Tran,
Please take a look at this:
https://www.levelset.com/preliminary-notice/new-jersey-preliminary-notice-faqs/#:~:text=Generally%2C%20no%20Preliminary%20Notice%20is,file%20a%20lien%20if%20necessary.
The first question is what type of project was being built and who owns the real estate. NJ has separate statutes for public and private projects. If the project was included any type of residential purpose (apartments, condos, etc.), the Notice of Unpaid Balance (the "NUB") would need to be filed not later than 60 days since your company delivered materials to the property on which you are trying to file the lien claim. After filing the NUB, your company would then need to file for arbitration with the American Arbitration Association.
If the project did not involve a residential use, then the preliminary notice simply provides potential advantages in terms of the order/priority of the lien against the property title. If it's a public project, the NJ Municipal Mechanics Lien Law is not actually a lien. It's just a reservation of claim against the allotted public funds.
Please feel free to reach out, if I could be further assistance.
Thanks,
Colin Schmitt
cschmittlaw@gmail.com
609.400.1006
Preliminary Notice Mailing Requirements
Can we still file a Mechanics Lein after 60 days from doing work or suppling materials?
For residential construction a Notice of Unpaid Balance and Right to File Lien (NUB) must be filed within 60 days following the date the lien claimant last performed work or supplied services, material, or equipment to the residential real property for which payment is claimed. The lien claim must be filed no later than ten days following any arbitration decision or within 120 days following the last date the lien claimant performed work or provided services, materials, or equipment according to a written residential construction contract.
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Other forms to use in New Jersey
New Jersey County Recorders
Looking to file/record a mechanics lien in New Jersey? You'll need to get your New Jersey mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in New Jersey. Click on any county to find more information about how to get your lien recorded in that county.
Atlantic
5901 Main Street
Mays Landing, New Jersey, 8330
phone: (609)641-7867, (609)625-4011
fax:
Bergen
One Bergen County Plaza Room 110
Hackensack, New Jersey, 7601
phone: 201.336.7000
fax:
Burlington
49 Rancocas Rd
Mt Holly, New Jersey, 8060
phone: 609 265 5000
fax:
Camden
520 MARKET ST- ROOM 102
Camden, New Jersey, 8102
phone: 856-225-5300
fax:
Cape May
7 N. Main Street
Cape May Court House, New Jersey, 8210
phone: 609-465-1010
fax:
Essex
465 Martin Luther King Blvd, Room 240
Newark, New Jersey, 7102
phone: (973) 621-4921
fax:
Gloucester
1 North Broad St
Woodbury, New Jersey, 8096
phone: 856-853-3230
fax:
Hudson
257 Cornelison Avenue 4th floor
Jersey City, New Jersey, 7302
phone: (201) 369-3470
fax:
Hunterdon
71 Main Street, Hall of Records
Flemington, New Jersey, 8822
phone: 908-788-1221
fax:
Mercer
240 West State Street
Trenton, New Jersey, 8608
phone: 609-989-6464
fax:
Middlesex
75 Bayard Street
New Brunswick, New Jersey, 8901
phone: (732) 745-3827
fax:
Monmouth
33 Mechanic Street, 2nd Floor Attn: Recording Department
Freehold, New Jersey, 7728
phone: 732-431-7324 ext. 4
fax:
Morris
10 Court St
Morristown, New Jersey, 7963
phone: 9732856000
fax:
Ocean
118 Washington Street
Toms River, New Jersey, 8754
phone: (732) 929-2018
fax:
Passaic
401 Grand Street Room 113
Paterson, New Jersey, 7505
phone: (973) 881-4777 ext 3
fax:
Salem
110 Fifth St.
Salem, New Jersey, 8079
phone: 856.935.7510
fax:
Somerset
20 grove st
Somerville, New Jersey, 8876
phone: (908) 231-7007
fax:
Sussex
Hall of Records 83 Spring St., Suite 304
Newton, New Jersey, 7860
phone: 973-579-0900
fax:
Union
2 Broad Street Rm 114
Elizabeth, New Jersey, 7207
phone: 908-527-4787
fax:
Warren
413 Second St
belvidere, New Jersey, 7823
phone: (908) 475-6211
fax: 908-475-6208