Georgia - Habersham County Preliminary Notice of Mechanics Lien Forms

Included Forms

All Habersham County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

The Following Georgia and Habersham County supplemental forms are included as a courtesy with your order.

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Affidavit Certificate (Georgia Document)

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Credible Witness Affidavit (Georgia Document)

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Translator Affidavit Certificate (Georgia Document)

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Witness Signature Certificate (Georgia Document)

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Copy Certification by Notary (Georgia Document)

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Copy Certification by Document Custodian (Georgia Document)

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Guide to Georgia Homestead Exemptions (Georgia Document)

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Application for Homestead Exemption (Georgia Document)

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Georgia or Habersham County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Habersham County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Habersham County Preliminary Notice of Mechanics Lien forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Preliminary Notice of Mechanics Lien forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Habersham County that you need to transfer you would only need to order our forms once for all of your properties in Habersham County.
• Are these forms guaranteed to be recordable in Habersham County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Habersham County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Preliminary Notice of Mechanics Lien Forms:

• Habersham County

Including:

• Alto
• Clarkesville
• Cornelia
• Demorest
• Mount Airy
• Turnerville

What is the Georgia Preliminary Notice of Mechanics Lien?

Georgia Mechanic's Lien on your mind? First file your preliminary notice!

In many states, claimants must file a document known as a "preliminary" or "pre-lien" notice as a prerequisite to securing mechanic's lien rights. Georgia does not adhere to this requirement, so forgetting to file preliminary notice won't cost the claimant's lien rights. Under Georgia law, however, a person with a lien right may, at his or her option, file a preliminary notice. O.G.C.A. 44-14-361.3.

Preliminary notices are used by subcontractors and material suppliers who are not under a direct contract with the owner. A preliminary notice form follows a simple format that must include: (1) the name, address, and telephone number of the potential lien claimant; (2) the name and address of the contractor or other person at whose instance the labor, services, or materials were furnished; (3) the name of the owner of the real estate and include a description sufficient to identify the real estate against which the lien is or may be claimed; and (4) include a general description of the labor, services, or materials furnished or to be furnished. O.G.C.A. 44-14-361.3(a)(2)---(5).

The preliminary notice of lien rights must be filed with the clerk of superior court of the county in which the real estate is located within thirty (30) days after the date a party delivered any materials or provided any labor or services for which a lien may be claimed. O.G.C.A. 44-14-361.3(a)(1).

The Notice must also be served after filing on either the owner or contractor. A party filing a preliminary notice of lien rights (except a contractor) shall, within seven (7) days of filing the notice, send by registered or certified mail or statutory overnight delivery a copy of the notice to the contractor on the property named in the notice or to the owner of the property. The lien claimant may rely on the building permit issued on the property for the name of the contractor. O.G.C.A. 44-14-361.3(b).

As stated earlier, the preliminary notice is not a required document. A person having a lien may enforce the lien without filing a preliminary notice of lien. O.G.C.A. 44-14-361.3(d). However, filing and serving preliminary notice on an owner or prime contractor is good practice and can help preserve your lien rights, especially when there are multiple claimants.

This article is provided for informational purposes only and should not be used as a substitute for the advice of an attorney. Please contact an attorney with questions about the preliminary notice or any other issues related to liens in Georgia.

Our Promise

The documents you receive here will meet, or exceed, the Habersham County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Habersham County Preliminary Notice of Mechanics Lien 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 and local jurisdictions.

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