Home » Archive by category "Claim for Lien"

Recording a NC Claim of Lien on Real Property in Alamance County

A national insulation Subcontractor based in Minnesota asked our TRADITION LIEN SERVICE division to record a NORTH CAROLINA Claim of Lien on Real Property for non-payment on a work done on a commercial property along with an existing residence within Alamance County. According to Wikipedia, Alamance County, has been the site of significant historical events, textile manufacturing, and agriculture in North Carolina.

North Carolina is a state where construction liens are recorded with the Clerk of Courts in the county where construction related improvement occurred. The Alamance County Clerk of Court’s fees to record are as follows: $6 for 1st page and $0.25 for each additional page (document size 8-1/2″ x 11″). Make checks payable to ALAMANCE COUNTY CLERK’S OFFICE and they will accept out-of-state business checks.

Actual recording by mail is one (1) business day. The original document will be mailed back the same day after recording. Be sure to send one (1) copy of the notice and a self-addressed stamped envelope. They will keep one copy and return the other one with attached recording information.

Recording a GA Claim of Lien in Gwinnett County

A Atlanta, GA based subcontractor asked our TRADITION LIEN SERVICE division to record a GEORGIA Claim of Lien for an existing home in Hoschton, GA within Gwinnett County. Hoschton located just off Interstate 85, about 35 miles northeast of Atlanta.

Fees to record are as follows the county are as follows: $5.00 first page, $2.00 each additional page of 8-1/2″ x 11″ or 8-1/2″ x 14″ paper. There is no charge for file stamped copies. Make checks payable to CLERK OF COURT and they will accept out-of-state business checks.

Actual recording is ranges from 3-5 business days. You can view indexing information on their website. The entire notice will appear five (5) business days after recordation. Your original document after it is recorded will be mailed back 2-3 weeks after it is recorded.

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.

Submitting a Claim for Lien in Kane County, Illinois

Submitting a Claim for Lien in Kane County, Illinois

The cost of recording a Claim for Lien is $42.00 for the first 4 pages and $1.00 for each additional page. If the documents are presented on legal size paper there is a non-standard fee which equates to double the total fee and then subtract $30. Checks are made payable to KANE COUNTY RECORDER’S OFFICE and they accept out-of-state business checks.

The recording usually takes place the same day. The original will be mailed back in about 5 business days. Kane County does not do Conforming Copies, but the document can be viewed on their website. Indexing information is available almost immediately and a 2-3 day turn around for the entire document.

Craig Altman, owner of Tradition Software, hails from Kane County and grew up in Batavia, IL.