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Recording a NORTH CAROLINA Claim Of Lien On Real Property in Mecklenburg County

Mecklenburg County is the most populated county in NORTH CAROLINA, and home to the city of Charlotte.

Recently a broad purpose Subcontractor from FLORIDA signed a contract with another FLORIDA based General Contractor for framing, siding and drywall services at a newly built appartment complex in Charlotte. Our customer in turn subcontracted much of the work out to local Mecklenburg County based companies. The business relationship between the General and the Subcontractor went sour. The General then thought they could do an end around and hire the sub-subs directly, even though everyone had signed a contract not to do so. The Subcontractor asked our TRADITION NOTICE SERVICES division to record a NORTH CAROLINA Claim Of Lien On Real Property on their behalf.

NORTH CAROLINA requires that a Claim Of Lien On Real Property be recorded in the county where the project is located with the Clerk Of Superior Court within one hundred twenty (120) days of last providing labor or materials for a project.

Additionally, you can record and send to the Owner a Notice Of Claim Of Lien Upon Funds By First, Second or Third Tier Subcontractor/Supplier. The Owner or party oweing the money for the project has an obligation to withhold payment to the General/Prime Contractor until the lien claimant’s payment is satisfied.

In Mecklenburg County, the Clerk Of Superior Court (Martha Curran) mandates that NORTH CAROLINA Claim Of Lien On Real Property must include the street address of the property. It is also helpful to include Parcel Number (PIN), Book/Page or as much identifying information as possible.

Checks must be payable to “CLERK OF SUPERIOR COURT”. They accept out-of-state business checks. Cost to record a exremenly low. $6.00 for the first page, $0.25 each additional page of 8-1/2″ x 11″ or 8-1/2″ x 14″ paper.

Turn around times for recording are extremely fast. Just 1-2 business days for recording, and 1-2 days after recordation the document(s) will be mailed back.

Be sure to send two (2) copies of the notice and a self-addressed stamped envelope. They will keep one copy & return the other one with attached recording information. Recorded Lien Information is not viewable on their website. Clerk’s Office does not send copies to the debtor/s.

Recording a CALIFORNIA Mechanics Lien in Alameda County

UPDATED April 26, 2020

Alameda County is in the East Bay region of the greater San Francisco Bay Area. It’s largest city is Oakland, with nearby Berkeley, home to the University of California, Berkeley.

Recently a small family HVAC (heating, venting and air conditioning) business did work at two (2) local Oakland residences and was promised payment upon completion of the work. Payment did not occur so the company contacted our TRADITION LIEN SERVICE division to record construction liens against the respective property owners.

A lien notice to be record with Alameda County Recorder must include the street address of the property. It is also helpful to include the Assessor’s Parcel Number (APN), along with a legal property description.

Fees include a MANDATORY $10.00 Real Estate Fraud Prosecution Trust Fund Fee PLUS $89.00 first page, $3.00 each additional page of 8-1/2″ x 11″ paper.

Actual recording time is one (1) week. You can view information on their website the same day a notice is recorded, indexing information only. An original document will be mailed back four (4) weeks after recording. A conforming copy of the original document can be sent in 5-10 business days after recording. There is no extra fee if you include an additional copy of the notice and an additional self addressed stamped envelope. Indicate that you are requesting a conforming copy.

The fees and time frames are the same when recording a CALIFORNIA Release Of Mechanics Lien.

Once a CALIFORNIA Mechanics Lien is recorded, as Claimant you are required to file suit to foreclose on the lien within ninety (90) days from date the CALIFORNIA Mechanics Lien was recorded. This deadline can be extended for up to a total of one (1) year with the consent of all legal parties by filing a CALIFORNIA Notice Of Credit for extension.

Recording a CALIFORNIA Mechanics Lien in Solano County

Solano County is located halfway between San Francisco and Sacramento, disected by Interstate 80. Recently a Fairfield, CA based General Contractor did insurance restoration at a personal residence and was not paid for labor and materials provided. Our TRADITION LIEN SERVICE division recently recorded a CALIFORNIA Mechanics Lien with the Solano County Assessor/Recorder on behalf of the General Contractor.

A CALIFORNIA Mechanics Lien to be recorded needs to include a for a legal description the property address & Assessor’s Parcel Number (APN).

Fees to record a lien are $13 for 1st page. $3 each additional page. (8-1/2″ x 11″). For legal size documents add $3 additional per page for 8-1/2″ x 14″. If you want them to mail the debtor a copy of the recorded lien, it is $7 for each debtor for recorded copy of lien to be mailed. (Husband & Wife are considered as two debtors.) Make checks payable to: SOLANO COUNTY RECORDER. Conforming copy can be requested at no additional charge. Send one extra copy of the Notice and one extra self addressed stamped envelope.

Turn around times for a lien to be recorded is one (1) business day. Notices are sent to Debtors the the same day as recorded. A Conforming copy will be sent the same day as recorded. The original lien notice will be returned within 8-10 weeks. Limited information about recorded liens is available on their website.

Once a CALIFORNIA Mechanics Lien is recorded, as Claimant you are required to file suit to foreclose on the lien within ninety (90) days from date the CALIFORNIA Mechanics Lien was recorded. This deadline can be extended for up to a total of one (1) year with the consent of all legal parties by filing a CALIFORNIA Notice Of Credit for extension.

Recording a MISSISSIPPI Claim On Lien in Hinds County

Updated 4/29/2020:

Our TRADITION LIEN SERVICE division was approached by a TEXAS based residential roofing company that was owed money on two projects within Hinds County, MS. According to Wikipedia, Hinds County is named for General Thomas Hinds, a hero of the Battle of New Orleans during the War of 1812.

On private commercial, existing residential and new residential projects MISSISSIPPI Code Annotated § 85-7-403 mandates that a Claim Of Lien can be filed only by the Prime/General Contractor or Subcontractor. It should be recorded with the Chancery Clerk in the county in which the project is located. It must be recorded no later than ninety (90) days after the last day of providing equipment, labor, materials or services for the improvement of a project.

Fees to record or release a lien with the Hinds County Chancery Clerk are 26.00 for the first five (5) pages and $1.00 each additional page of 8-1/2″ x 11″ paper. Make checks payable to: HINDS COUNTY CHANCERY CLERK. Out-of-state business checks are accepted. Include a Self Addressed Stamped Envelope. A notice must include the street address of the property. It is also helpful to include the Assessor’s Parcel Number (APN). Conforming copies are not accepted or processed.

Actual Recording is fast, just one (1) business day. You can view information on their website the same day a lien is recorded. Original documents are mailed back with one (1) week after recording.

A lawsuit (Payment Action) must be filed within 180 days from the date of the recording of the lien.

MISSISSIPPI court ruling takes away all lien rights from Subcontractors

MISSISSIPPI has always been one of the worst states in the U.S. for subcontractors to do business in. A recent ruling on October 10, 2013 by the United States Court of Appeals for the Fifth Circuit only made things go from worse to horrible. Previously, Subcontractors on construction improvements could not file a a contruction lien IF they were not in direct contract with the Owner. A partial work around that was highly employed to help force payment was use of the Stop Notice. By instructing the Owner to withhold funds from the General Contractor until the GC paid an invoice(s) in full, Subcontractors at least had a reasonable chance for a solvent General Contractor to realize slow or non payment would not be tolerated by a Subcontractor.

The court ruling (Noatex Corporation v. King Construction of Houston, LLC, 2013 U.S. App. LEXIS 20656 (5th Circuit, October 10, 2013) in effect made use of a Stop Notice “illegal.” The argument was successfully made by the General Contractor that a Subscontractor sending an Owner a Stop Notice is “an unconstitutional violation of procedural due process.” Never mind the fact then that a GC then has all the rights to lien, but the poor supplier or tradesman providing labor or materials thus has NO rights.

What to do in the short term? Easy to say, hard to implement, but aggresive pre-payment terms in combination with attempting to get a contract with an Owner are the only options unless you simply walk away from business. Hopefully lobbyist for MISSISSSIPPI subcontractors will get the upper hand and get the law corrected with not only a Stop Notice being an option again but also the new creation of lien rights for MISSISSIPPI subcontractors.

PreLien2Lien adds USPS address verification

A major new feature was added to PreLien2Lien with the November 2013 upgrade release available from the DOWNLOADS section at www.TraditionSoftware.com.

An easy to use USPS address verification button was added to the PROJECT, CUSTOMER, OWNER, GENERAL, SURETY/LENDER and OTHER LEGAL PARTY tabs.
USPSStandarizedAddress

Users can now confirm that an address is registered with the U.S. Postal Service for delivery of mail. If an address is correct, you can choose to use an ALL CAPS version from the USPS website, convert the result to Proper Case, or leave the address as it was originally entered.
USPSStandarizedAddress

Address verification is extremely important in the lien process. The number 3 that looks like an 8 in a salesperson’s order for building materials could make a last minute 1st notice in advance of a lien invalid as the non existent property address is used. Having mail returned that was orginally sent to a project’s Customer, Owner, General Contractor or Surety/Lender not only is a waste of money, but also could invalidate a future lien claim depending on a state’s laws.

This new feature was the result of some great work by Miriam Liskin, Software Development Manager, and an ongoing business relationship with the U.S. Postal Service. Previously TRADITION SOFTWARE worked with the USPS for the creation of our 11″ x 14″ certfied mail Tradition Forms along with certified mail tracking through use of the TRACK CERTIFIED MAIL button.

Advisory not to use AVAST Free Antivirus

Getting AVAST Free Antivirus for your PC can create serious computer and business problems that should never happen. This antivirus program has a “sandbox” feature that is designed to quarantine or uninstall legitimate software the worldwide AVAST Antivirus user base is deemed “not to use significantly”. This is fine if you are using iTUNES. Out of 17 million woldwide AVAST users, a significant portion will have iTUNES installed on their PC, so any version of iTUNES will be deemed safe. However, if you purchased a legitimate, niche software program that is the best in it’s category like PreLien2Lien or hypthetical examples like MyGolfHandicap, WhereToFish, etc…. AVAST will quantify it as a virus because a significant portion of it’s 17 million user base does not use it or malicious virus programs are generally new with obscure names.

avastsandbox

Most average PC users are not going to understand from the ACTIONS drop down menu what to do next – “Open in sandbox.” Furthermore, the internet is loaded with posts from frustrated users that document that AVAST pays no attention to the “Remember my answer for this program” setting.

If you don’t want to pay $29 for an antivirus program to not only protect your PC but also your business, the hands down best free antivirus program available is MICOROSFT Security Essentials. Unlike AVG Free Antivirus, it does not put an advertising message on all your emails. Download the free software at this link first – http://www.microsoft.com/en-us/download/details.aspx?id=5201 – and save where you can find it to install. Next, uninstall AVAST from your Windows XP (Control Panel/Add/Remove Programs) or VISTA/WINDOWS 7/WINDOWS 8 PC (Computer/Uninstall or change a program). Then run the MICROSOFT Security Essentials install program. Not only will PreLien2Lien work flawlessly forever, you can enjoy once again stress free use of your MyGolfHandicap and WhereToFish software.

Recording a TEXAS Lien Affidavit in Zavala County

Zavala County is a rural county located in the southwestern portion of TEXAS. According to Wikipedia, the county’s per-capita income makes it one of the poorest counties in the United States.

A national discount retail chain recently built a new store in LaPryor, TX. Unfortunately after no response for payment from the out of state General Contractor, a TEXAS Lien Affidavit (Subcontractor/Supplier) needed to be recorded by our TRADITION NOTICE SERVICES division on behalf of a steel erection subcontractor against the property owner, the parent company of the store whose headquartes is located in NORTH CAROLINA.

A lien must include the street address of the property and the Lot and Block numbers. You can get a fax sent to you by the Zavala County Appraisal District at (830) 374-3475. Fees to record a lien are $18.00 first page, $4.00 each additional page of 8-1/2″ x 11″ or 8-1/2″ x 14″ paper. Make checks payable to: ZAVALA COUNTY CLERK. They do accept out of state business checks. The same charges apply to a release of lien.

Turn around time is quick, as the actual recording occurs the same day a lien is received. Recorded liens will be mailed back the next business day after recordation. Documents cannot be viewed on their website, and the Clerk’s Office does not send copies to the debtors.

Recording KY Mechanic’s Liens in Jefferson County

Updated May 4, 2020

A residential roofing company contacted our TRADITION LIEN SERVICE division regarding a multiple projects in and around Louisville, KY, within Jefferson County, where they did insurance work involving roof replacements. According to Wikipedia, since a city-county merger in 2003, Jefferson county’s territory, population and government have been coextensive with the city of Louisville, which also serves as county seat. The administrative entity created by this merger is the Louisville/Jefferson County Metro Government,[2] abbreviated to Louisville Metro.

General/Prime Contractors and Subcontractors on private Commercial projects can record a KENTUCKY Statement Of Mechanic’s Lien up to six (6) months after the last day providing equipment, labor, materials or services for a project. Record at the County Clerks Office where a project was located.

A successful recording of a KENTUCKY Mechanic’s Lien with the Jefferson County Clerk must include the street address of the property. Also include a formal legal description of property.

Fees are $46.00 pages 1-5, $3.00 each additional page of 8-1/2″ x 11″ paper. Charges the same for legal 8-1/2″ x 14″ paper. Make checks payable to: JEFFERSON COUNTY CLERK. They do accept out-of-state business checks.

Actual recording time is one week. The entire document can be viewed on their website the same day notice is recorded. Both the original and conforming document will be mailed back one week after recording. There is no extra fee if you include an additional copy of the notice and an additional self addressed stamped envelope. Indicate that you are requesting a conforming copy.

The details above are the same if you are submitting a KENTUCKY Release Of Mechanic’s Lien.

Once a KENTUCKY Mechanic’s Lien is recorded, as Claimant you are required to file suit to foreclose within twelve (12) months from the date the lien was recorded.

Using the UTAH State Construction Registry

To use the UTAH State Construction Registry at https://secure.utah.gov/account/login.html, you first create an online account. I found that the verfication email feature did not work, and had to call Customer Service 45 minutes after first creating my account in order to logon.

Here is picture of the user interface to create new notices for construction projects in UTAH.
1st screen to choose what action you want to initiate.

If you were a subcontrator, you would select the Project Type radio button that matches your type of project, then press the Preliminary Notice link to enter the information regarding legal parties, address, legal description, etc…. for a project.
Preliminary Notice data entry page.

One annoying feature of this site is that if I enter a project for a customer whose Owner is “ALTMAN LAND INVESTMENTS”, I will then get other emails for any other projects that “ALTMAN LAND INVESTMENTS” is an Owner for. There was no “LOG OUT” button that could be found, so don’t go to this site on a public computer. Finally, while the cost was minimal ($1.25), you do have to have a company credit card to file a notice.

TRADITION NOTICE SERVICES will record notices in UTAH for customers at our usual fee rate which ranges from $23 for a 1st notice to $160 to record a construction lien.

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