When filing a mechanics lien, there is a very important yet often overlooked question you must answer: Where do I file the lien?
Each state has different rules as to which state department will accept mechanics lien filings. In some states, the mechanics lien must be recorded with the county recorder office in the county where the property is located, but it can also be with the town recorder, with the county clerk of court, or with some other bureau or department. One of the benefits of using Levelset to file your mechanics lien, is that our software has a database of all the recording offices around the nation, and we know instantly where your mechanics lien needs to get recorded, how much it will cost, and specific nuances about that recording office.
Regardless of what office will accept the filing, a mechanics lien must generally be filed in the county where the property is located. But, what happens in the unusual circumstance that the property sits on a county line, and is actually present in two counties?
This is a rare circumstance, but it is addressed by each state’s laws. In some states, if this happens the mechanics lien must be recorded in only one of the two counties. In other states, the mechanics lien must be recorded in both counties.
It’s important to know whether the property being liened exists in one or two counties, and to make sure you get the mechanics lien recorded correctly if the property straddles county lines.