Tennessee - Smith County Notice of Mechanics Lien Forms

Included Forms

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

Notice of Mechanics Lien Form - Smith County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 5/6/2022

Notice of Mechanics Lien Guide - Smith County

Line by line guide explaining every blank on the form.
Included document last updated 9/23/2022

Completed Example of the Notice of Mechanics Lien Document - Smith County

Example of a properly completed form for reference.
Included document last updated 7/15/2022

Included Supplemental Documents

The Following Tennessee and Smith County supplemental forms are included as a courtesy with your order.

Affidavit of Value Form (Tennessee Document)

Certificate of Acknowledgment - Individual (Tennessee Document)

Certificate of Acknowledgment - Representative (Tennessee Document)

Jurat (Tennessee Document)

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 Tennessee or Smith 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 Smith 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 Smith County 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 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 Smith County that you need to transfer you would only need to order our forms once for all of your properties in Smith County.
• Are these forms guaranteed to be recordable in Smith County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smith 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 Notice of Mechanics Lien Forms:

• Smith County

Including:

• Brush Creek
• Carthage
• Chestnut Mound
• Dixon Springs
• Elmwood
• Gordonsville
• Hickman
• Lancaster
• Pleasant Shade
• Riddleton

What is the Tennessee Notice of Mechanics Lien?

Filing a Mechanic's Lien Claim in Tennessee

Mechanic's Liens are used to place a block or burden on a property owner's title when a claimant (such as a contractor or materials supplier) has not been paid for labor, materials, or equipment provided. In Tennessee, mechanic's liens are governed under Chapter 11 of the Tennessee Property Code.

In order to preserve the priority of the lien, as it concerns subsequent purchasers or encumbrancers for a valuable consideration without notice of the lien, the lienor, is required to record in the office of the register of deeds of the county where the real property, or any part affected, lies, a sworn statement of the amount for, and a reasonably certain description of the real property on, which the lien is claimed. Tenn. Prop. Code 66-11-112(a).

The recording party shall pay filing fees, and shall be provided a receipt for the filing fees, which amount shall be part of the lien amount. Id. The recordation must be done no later than ninety (90) days after the date the improvement is complete or is abandoned, prior to which time the lien shall be effective as against the purchasers or encumbrancers without the recordation. Id.

The owner must serve thirty (30) days' notice on prime contractors and on all of those lienors who have served notice in accordance with Tenn. Prop. Code 66-11-145 (the notice of non-payment) prior to the owner's transfer of any interest to a subsequent purchaser or encumbrancer for a valuable consideration. Id.

If the sworn statement is not recorded within that time, the lien's priority as to subsequent purchasers or encumbrancers shall be determined as if it attached as of the time the sworn statement is recorded. Id. Therefore, timely recording is of the utmost importance to protect full lien rights.

According to Tennessee Prop. Code 66-11-112(b), a building, structure or improvement is deemed to have been abandoned for purposes of the lien law when there is a cessation of operation for a period of ninety (90) days and an intent on the part of the owner or prime contractor to cease operations permanently, or at least for an indefinite period. If either of these occur, it is time to file your lien.

This article is provided for informational purposes only and should not be considered legal advice or relied upon as any substitute for speaking with an attorney. Please consult a Tennessee attorney familiar with construction law for any issues regarding mechanic's liens.

Our Promise

The documents you receive here will meet, or exceed, the Smith 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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