Ohio Affidavit for Mechanic Lien

Mechanic's Liens are used to encumber the title to an owner's property (real estate) when a contractor, materials supplier, or other laborer such as a subcontractor has not been paid for labor, materials, or equipment provided. In Ohio, this is accomplished by filing an Affidavit of Mechanic's Lien with the county recording office in the county where the property is located.

Any person, or the person's agent, who wishes to claim a mechanic's lien, shall make and file for record in the office of the county recorder in the counties in which the improved property is located, an affidavit showing the amount due over and above all legal setoffs, a description of the property to be charged with the lien, the name and address of the person to or for whom the labor or work was performed or material was furnished, the name of the owner, part owner, or lessee, if known, the name and address of the lien claimant, and the first and last dates that the lien claimant performed any labor or work or furnished any material to the improvement giving rise to the claimant's lien. Ohio Revised Code 1311.06(A).

If the affidavit is recorded, the omission or inaccuracy of any address in the affidavit does not affect its validity. The affidavit may be verified before any person authorized to administer oaths, whether agent for the owner, part owner, lessee, lien claimant, or an interested or other party. Id.

If the lien arises in connection with a one- or two-family dwelling or in connection with a residential unit of condominium property, the lien must be filed within sixty days from the date on which the last labor or work was performed or material was furnished by the person claiming the lien. Ohio Revised Code 1311.06(B)(1). For oil or gas facilities, the lien must be claimed within one hundred twenty days from the date on which the last labor or work was performed or material was furnished by the person claiming the lien. Ohio Revised Code 1311.06(B)(2). All other liens must be recorded within seventy-five days from the date on which the last of the labor or work was performed or material was furnished by the person claiming the lien. Ohio Revised Code 1311.06(B)(3).

Any person filing an affidavit shall serve a copy of the affidavit on the owner, part owner, or lessee of the improved property or his designee, within thirty days after filing the affidavit. Ohio Revised Code 1311.07. If the affidavit cannot be served, then the person shall serve the copy by posting it in some conspicuous place on the premises of the improved property within ten days after the expiration of the thirty days. Id.

This article is provided for informational purposes only and should not be considered legal advice or relied on as a substitute for speaking with an attorney. Please consult with an Ohio attorney for any questions regarding mechanic's liens.