Claims of Lien: How Many Do I Need?

by | Mar 31, 2010 | Getting Paid, Liens

How many claims of lien must a lienor record? A contractor, subcontractor, laborer, materialmen, or anyone else who may be a lienor, is required to record only one claim of lien for his entire demand against the real property for labor or services or material furnished. This is the case even if the lien secures a payment for more than one improvement, or to secure improvements located on separate lots of land, so long as the improvements are done under the same contract. However, the owner under the direct contract must be the same person for all lots of land against which the lien is being recorded.

Is a Blanket Lien an Option?

A lienor cannot file a blanket lien on numerous lots on which it had provided services if the liens do not arise out of the same direct contract. Requirements contracts may be considered the same direct contract.

However, a lienor must record a separate claim of lien for each contract under which work is done, irrespective of the property or parcels improved. For example, a contractor must file two separate mechanics’ liens against a home for construction and subsequent repair, where construction and repairs were contracted for separately.

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