Once filed with the office of the clerk of the chancery court, a mechanic’s lien goes on a property’s public record, warning potential buyers about a debt attached to the property. Since the property will be difficult to sell or obtain financing with a lien, owners will be encouraged to negotiate with the claimants or face a potential lien foreclosure action lawsuit.
It should be noted that for single-family residential projects, a pre-lien written notice must be given to the property owner at least ten (10) days before filing the mechanic’s lien.
Laws & Requirements
- Laws: Art. 21 – Special Liens on Real Estate or Other Property
- Signing Requirements: Not mentioned in state statutes.
- Where to File: Clerk of the Chancery Court
- Time Limit for Recording Lien (§ 85-7-405(1)(b)): Ninety (90) days
- Deadline for Enforcing Lien (§ 85-7-405(1)(c)(i)): One hundred and eighty (180) days