Establishing a Maryland Mechanic's Lien
Mechanic's Liens are used to place a block or burden on a property owner's title when a claimant (such as a contractor, materials supplier, or other laborer such as a subcontractor) has not been paid for labor, materials, or equipment provided. In Maryland, mechanic's liens are governed under Chapter 9 of the real property code.
In order to establish a lien, a person entitled to a lien must first file proceedings in the circuit court for the county where the land or any part of the land is located within 180 days after the work has been finished or the materials furnished. Md. Real Prop. Code section 9-105(a).
Under Md. Real Prop. Code section 9-105(a)(1), the petition must set forth at least the following:
(i) The name and address of the petitioner;
(ii) The name and address of the owner;
(iii) The nature or kind of work done or the kind and amount of materials furnished, the time when the work was done or the materials furnished, the name of the person for whom the work was done or to whom the materials were furnished, and the amount or sum claimed to be due, less any credit recognized by the petitioner;
(iv) A description of the land, including a statement whether part of the land is located in another county, and a description adequate to identify the building; and
(v) If the petitioner is a subcontractor, facts showing that the notice required was properly mailed or served upon the owner, or, posted on the building. If the lien is sought to be established against two or more buildings on separate lots or parcels of land owned by the same person, the lien will be postponed to other mechanics' liens unless the petitioner designates the amount he claims is due him on each building.
The claimant must also prepare an affidavit or have one drafted person on his behalf, setting forth facts upon which the petitioner claims he is entitled to the lien in the amount specified. Md. Real Prop. Code section 9-105(a)(2). Lastly, the claimant must include either original or sworn, certified, or photostatic copies of material papers or parts thereof, if any, which constitute the basis of the lien claim, unless the absence is explained in the affidavit. Md. Real Prop. Code section 9-105(a)(3).
This article is provided for informational purposes only and should not be relied upon as substitute for the advice from an attorney. For any questions regarding filing a mechanic's lien claim in Maryland, please speak with a licensed attorney.
Deeds.com Maryland Notice of Mechanics Lien Forms Have Been Updated as Recently as Friday March 15, 2019
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