South Carolina Mechanics Lien – Without Owner Contract Form
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Parties who have not contracted with the owner of the property may use this form to file a mechanics lien in South Carolina.
This mechanics lien form is for parties who did not contract directly with the owner of the property. If you did contract directly with the owner, check out the South Carolina Mechanics Lien – With Owner Contract Form.
Fill out the form on the right to download your South Carolina Mechanics Lien – Without Owner Contract Form. Use this form to file a lien in South Carolina.
Others are asking about South Carolina Mechanics Lien
What is my next step
Can I file a mechanics lien.
Provided your last labor and/or material was supplied in the last 90 days you probably have mechanic's lien rights which need to be perfected. There are a couple of other questions which would need to be answered regarding the type of work and amounts owed. Feel free to contact me to discuss.
Where do my lien rights stand with a change of ownership of the property I am currently doing work at?
Generally, mechanics lien rights stick with the project property. So, when the property is sold mid-job, the new owners should become responsible for any potential lien claims. Levelset discusses that in these article: What Happens If I Filed My Mechanics Lien After the Property Was Sold?
According to South Carolina's priority rules, a mechanics lien filed after the new owner's mortgage wouldn't take priority over the mortgage. However, a lien claim should certainly be an alarming development for a new commercial owner and could force some action on their part - whether that be them stepping in to resolve the matter, them contacting the prior owner and forcing them to deal with the matter, or some other resolution.
As for required notices - South Carolina general contractors don't have any mandatory preliminary notices, so there's no notice that becomes required simply due to the sale of the property. Note, though, that contacting the new owner to notify them about the payment situation would be wise.
To the extent it looks like a lien may be required to recover payment, it'd also be wise to send any payment reminders, demands, or Notices of Intent to both the original owner and the new owner - the more eyes on the issue, the better the chances that recovery. Plus, if all parties are brought to the discussion, that'd improve transparency on the payment communications and could lead to a quicker resolution. Not to mention, an original owner who's failed to make payment could run into even bigger issues surrounding the sale.
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Other forms to use in South Carolina
South Carolina County Recorders
Looking to file/record a mechanics lien in South Carolina? You'll need to get your South Carolina mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in South Carolina. Click on any county to find more information about how to get your lien recorded in that county.
Aiken
1930 University Parkway
Aiken, South Carolina, 29801
phone: 803) 642-2072
fax:
Anderson
401 E River St
Anderson, South Carolina, 29624
phone: (864) 260-4054
fax:
Bamberg
2959 Main Hwy #102
Bamberg, South Carolina, 29003
phone: (803) 245-3025
fax:
Barnwell
141 Main St
Barnwell, South Carolina, 29812
phone: (803) 541-1020
fax:
Beaufort
100 Ribaut Rd Room 205
Beaufort, South Carolina, 29901
phone:
fax:
Berkeley
1003 Highway 52
Moncks Corner, South Carolina, 29461
phone: (843) 719-4084
fax:
Charleston
101 Meeting Street, Suite 200
Charleston, South Carolina, 29401
phone: (843) 958-4800
fax:
Cherokee
110 Railroad Ave.
Gaffney, SC 29340
phone: 864-487-2575
Dorchester
201 Johnston Street
Saint George, South Carolina, 29477
phone: 843-832-0181 press 1
fax:
Edgefield
129 Courthouse Sq, Suite 205
Edgefield, South Carolina, 29824
phone: 8036374049
fax:
Fairfield
101 South Congress Street
Winnsboro, South Carolina, 29180
phone: 803-712-6526
fax:
Florence
180 North Irby St
Florence, South Carolina, 29501
phone: (843) 665-3031
fax:
Georgetown
129 Screven Street- Room 145
Georgetown, South Carolina, 29440
phone: (843) 545-3088
fax:
Greenville
301 University Ridge Suite 1300
Greenville, South Carolina, 29601
phone:
fax:
Greenwood
528 Monument St # 114
Greenwood, South Carolina, 29646
phone: (864) 942-8613
fax:
Hampton
1 Courthouse Square
Hampton, South Carolina, 29924
phone: (803) 914-2250 press 2
fax:
Horry
1301 Second Ave
Conway, South Carolina, 29526
phone:
fax:
Jasper
358 Third Avenue
Ridgeland, South Carolina, 29936
phone: 843-717-3615
fax:
Kershaw
515 Walnut Street, Room 180,
Camden, South Carolina, 29020
phone: 803-425-7235
fax:
Lancaster
101 N. Main Street.
Lancaster, South Carolina, 10720
phone: 8034169440
fax:
Laurens
100 HILLCREST SQUARE-SUITE B
Laurens, South Carolina, 29360
phone: 864-984-3538
fax:
Lexington
139 E. Main Street, Suite D
Lexington, South Carolina, 29072
phone: (803) 785-8230 ext. 4
fax:
Marion
100 West Court Street
Marion, South Carolina, 29571
phone: (843) 423-8240
fax:
Oconee
415 South Pine Street, Room 108
Walhalla, South Carolina, 29691
phone: (864) 638-4285
fax:
Orangeburg
190 Gibson St.; Room 108
Orangeburg, South Carolina, 29116
phone: (803) 533-6235
fax:
Pickens
222 McDaniel Avenue, B-5
pickens, South Carolina, 29671
phone: 8648985868
fax:
Richland
1701 Main Street, Room 101
Columbia, South Carolina, 29201
phone: 803-576-1910
fax:
Spartanburg
366 North Church Street, Suite 100
Spartanburg, South Carolina, 29303
phone: (864) 596-2514
fax:
Sumter
141 N Main St
Sumter, South Carolina, 29150
phone: (803) 436-2177
fax:
Union
210 West Main St
Union, South Carolina, 29379
phone: 864-429-1630
fax: 864-429-1715
York
200 W Liberty Street
York, South Carolina, 29745
phone: 803-684-8510
fax: