Before filing or recording a mechanic's lien in Maryland, lien claimants must serve the owner (or the owner's agent) with a preliminary notice. In Maryland, this is called a "Notice to Owner of Intention to Claim a Lien." The required type of notice and time limitations depend on who the customer is and what kind of job is involved.
A subcontractor doing work or furnishing materials or both for or about a building other than a single-family dwelling being erected on the owner's land for his own residence is not entitled to a lien under this subtitle unless, within 120 days after doing the work or furnishing the materials, the subcontractor gives written notice of an intention to claim a lien. Md. Real Prop. Code, section 9-104(a)(1).
With regard to residential dwellings, a subcontractor doing work or furnishing materials or both for a single family dwelling being erected on the owner's land for his own residence is not entitled to a lien under this subtitle unless, within 120 days after doing work or furnishing materials for or about that project, the subcontractor gives written notice of an intention to claim a lien as described above, and the owner has not made full payment to the contractor prior to receiving the notice. Md. Real Prop. Code, section 9-104(b).
A valid notice identifies the parties, the location and nature of services and/or materials, fees and amounts paid, as well as any information relevant to the specific situation.
The notice is effective if given by registered or certified mail, return receipt requested, or personally delivered to the owner by the claimant or his agent. Md. Real Prop. Code, section 9-104(c). If there is more than one owner, the subcontractor may comply with this requirement by giving the notice to any of the owners. Id.
If notice cannot be given on account of absence or other causes, the subcontractor, or his agent, in the presence of a competent witness and within 120 days, may place the notice on the door or other front part of the building. Md. Real Prop. Code, section 9-104(e). Notice by posting is sufficient in all cases where the owner of the property has died and his successors in title do not appear on the public records of the county. Id.
On receipt of this notice, the owner may withhold, from sums due the contractor, the amount the owner ascertains to be due the subcontractor giving the notice. Md. Real Prop. Code, section 9-104(f)(1). If the subcontractor giving notice establishes a lien, the contractor shall receive only the difference between the amount due him and that due the subcontractor giving the notice. Md. Real Prop. Code, section 9-104(f)(2).
The lien of the subcontractor against a single family dwelling being erected on the land of the owner for his own residence shall not exceed the amount by which the owner is indebted under the contract at the time the notice is given. Md. Real Prop. Code, section 9-104(f)(3).
This article is provided for informational purposes only. If you have questions about sending preliminary lien notices in Maryland, or any other issues related to property liens, please consult an attorney.
Deeds.com Maryland Notice to Owner Forms Have Been Updated as Recently as Friday May 10, 2019
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