Virginia - Madison County Mechanics Lien Preliminary Notice Forms

Included Forms

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

Preliminary Notice to Owner Form - Madison County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/3/2022

Preliminary Notice to Owner Guide - Madison County

Line by line guide explaining every blank on the form.
Included document last updated 10/14/2021

Completed Example of the Preliminary Notice to Owner Document - Madison County

Example of a properly completed form for reference.
Included document last updated 5/16/2022

Included Supplemental Documents

The Following Virginia and Madison County supplemental forms are included as a courtesy with your order.

Certificate of Transfer Form (Virginia Document)

Virginia Land Record Cover Sheet - Information (Virginia Document)

VA Circuit Court Deed Fee Schedule (Virginia Document)

Certificate of Acknowledgment (Virginia Document)

Jurat (Virginia 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 the state or local jurisdiction. 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 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 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Madison County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Madison 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 Mechanics Lien Preliminary Notice Forms:

• Madison County

Including:

• Aroda
• Banco
• Brightwood
• Etlan
• Graves Mill
• Haywood
• Hood
• Leon
• Locust Dale
• Madison
• Oakpark
• Pratts
• Radiant
• Reva
• Rochelle
• Syria
• Wolftown
• Woodberry Forest

What is the Virginia Mechanics Lien Preliminary Notice?

Preliminary Notice in Virginia

Mechanic's liens require strict procedural compliance. To successfully claim a mechanic's lien, the claimant must first provide all entitled parties with the appropriate form of preliminary notice. This is because a mechanic's lien creates an encumbrance, or block on the owner's title, and therefore, the owner and other parties potentially affected by that must receive notice of the process. In Virginia, the form of required notice is served on a party known as a "Lien Agent" as well as on the property owner. A Lien Agent is an appointed individual, usually an attorney or title agent. This Notice to Lien Agent and/or Owner/Agent contains a separate form for notifying each party (or one and not the other).

To draft a Notice to Lien Agent or Owner/Agent, first you will need a copy of the building permit. The building permit for any one- or two-family residential dwelling unit issued pursuant to the Uniform Statewide Building Code must also be conspicuously and continuously posted on the property for which the permit is issued until all the work is completed on the property. Va. Code 43-4.01(A). Ensure that the permit is posted on the property before any labor is performed or any material furnished on the property. Id.

If the building permit contains the name, mailing address, and telephone number of the mechanics' lien agent, any person entitled to claim a lien may use that information to notify the agent named on the permit or amended permit that he seeks payment for labor performed or material furnished. Va. Code 43-4.01(B). This notice should be sent by registered or certified mail or by physical delivery. Id. The Notice must contain the following: (1) the name, mailing address, and telephone number of the person sending such notice, (2) the person's license or certificate number issued by the Board for Contractors, if any, and the date such license or certificate was issued and the date such license or certificate expires, (3) the building permit number on the building permit, (4) a description of the property as shown on the building permit, and (5) a statement that the person filing such notice seeks payment for labor performed or material furnished. Id.

Failure to serve the Notice on a residential project within the required time, can forfeit a claimant's right to a lien. No person other than a person claiming a lien may claim a lien under this title with respect to a one or two family residential dwelling unit if that person fails to notify any mechanics' lien agent identified on the building permit within 30 days of the first date labor was performed or materials furnished to or for the building or structure or within 30 days of the date such a permit is issued, if such labor or materials are first performed or furnished by such person prior to the issuance of a building permit. Va. Code 43-4.01(C).

To send notice to an Owner/Agent, any subcontractor or person who furnishes labor or material to the general contractor or subcontractor should direct their preliminary notice in writing to the owner or his agent or the general contractor, in a form that states the nature and character of his contract and the probable amount of his claim. Va. Code 43-11(1). The form is almost identical to the 43-4.01, but with some minor differences and is located on the same form after the notice to the lien agent portion.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact a Virginia lawyer with any questions about the notice to mechanic's lien agent.

Our Promise

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