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Declaration of Lien Rights Form - Cherokee County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/11/2021
Declaration of Lien Rights Guide - Cherokee County
Line by line guide explaining every blank on the form.
Included document last updated 1/11/2021
Completed Example of the Declaration of Lien Rights Document - Cherokee County
Example of a properly completed form for reference.
Included document last updated 1/11/2021
*The Following Alabama and Cherokee County supplemental forms are included as a courtesy with your order.
RT-1
This is a required form due at the time of filing. The form, called the "Real Estate Sales Validation Form" and labeled "Form RT-1," is to be signed by the grantor, grantee, owner or agent, and requires, in addition to other basic information, the total purchase price, the actual value, or the assessor's market value of the property.
Non-Resident Withholding Forms
The forms included at the end of this package are for non-resident transfers, which include individuals, trusts, partnerships, corporations, limited liability companies, limited liability partnerships, and unincorporated organizations. The package includes all the information and forms that the State of Alabama requires regarding a non-residence transfer of real property. Forms in package must be printed before filling in. The individual forms are the same as those in the package, but can be filled out before printing.
Alabama Homestead Exemptions
H1 Homestead Exemption 1 is available to all citizens of Alabama who own and occupy single-family residences, including manufactured homes, as their primary residences and use their property for no other purposes. The amount of the exemption is $4,000 in assessed value for State taxes and $2,000 in assessed value for County taxes.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Establishing Lien Rights without a Direct Contract in Alabama
In Alabama, laborers, material suppliers, or any other person or firm that furnished work, labor, or material on a piece of property has a valid claim for a lien. Liens of this type are called mechanic's or construction liens. In Alabama, a claimant can claim either a full price or an unpaid balance lien. A full price lien is available to contractors that have contracted directly with the owner for the full price of labor, services, or materials. An unpaid balance lien is available for laborers, subcontractors, or materials suppliers without a direct contract and a lien is limited only to the unpaid balance.
Upon complying with the provisions of Alabama lien law, lien claimants shall have a lien on the building or improvements as well as on the land on which these are situated. Ala. Code Ann. 35-11-210. The lien exists to the extent in ownership of all the right, title, and interest therein of the owner or proprietor, and to the extent in area of the entire lot or parcel of land in a city or town; or, if not in a city or town, of one acre in addition to the land upon which the building or improvement is situated. Id. Further, if employees of the contractor or persons furnishing material to him or her claim a lien, the lien shall extend only to the amount of any unpaid balance due the contractor by the owner or proprietor, and the employees and materialmen shall also have a lien on the unpaid balance. Id.
To preserve the option for lien rights, a potential claimant must notify the owner or responsible party before furnishing any materials for the project. By including prices in the notice, the furnisher of the material shall have a lien for the full price specified, without regard to whether or not the amount of the claim for the material so furnished exceeds the unpaid balance due the contractor. Id. However, if the owner or proprietor or his or her agent objects to the price, this may not be the case. Id.
Unless the owner or proprietor or his or her agent shall notify the furnisher in writing before the material is used, that he or she will not be responsible for the price thereof, the claimant will be entitled to a full price lien. Id.
The notice contains the name of the owner or proprietor as well as the name and address of the contractor or subcontractor and a description of the owner's property. File the completed notice with the local recording office for the county where the property is located.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice from an attorney. Please speak with an attorney for questions regarding lien notices or any other issues related to liens in Alabama.
Get your Cherokee County Declaration of Lien Rights form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Cherokee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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January 21st, 2021
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