The 90 day mark is today. Is it possible to file the lien today?
2 replies
Feb 19, 2020
The deadline to file a Washington DC mechanics lien is governed by DC Code §40-301.02. You are correct that the deadline to file is 90 days, this is measured from the completion or termination of the entire project; whichever is earlier. If this is the 90th day, then you will still be able to file your claim.
The best option would be to go down to the Office of the Recorder of Deeds- Land Records Division yourself; that way you can counter any issues in-person. A DC mechanics lien does require a fair amount of information; which is why I wanted to make sure you got a prompt response this morning.
For a full breakdown of the filing process, downloadable forms, and how to fill out your claim; see: How to File a Washington DC Mechanics Lien | Step-by-Step Guide.
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Feb 19, 2020
While it's never best practice to leave filing a lien until the deadline, it can sometimes be accomplished. Generally, same-day recording of mechanics liens can be accomplished in one of two ways: 1) if the recorder's office allows for electronic recording; or 2) by walking the lien into the recorder's office for recording (either personally or using a courier service).
It appears that Washington D.C. recorder of deeds allows for liens to be filed through e-filing, so if a properly formatted lien with all required information was presented to the recorder's office today through the e-filing system, it may be possible to get a lien filed in one day.
Note, however, that Washington D.C. is fairly liberal in rejecting lien claims for filing for reasons that may not be technically appropriate or valid. And, if a lien is presented for filing on the deadline day and rejected, there is no leeway to try to get the lien recorded as it should be. For this reason it would be essential to make sure all i's are dotted and all t's are crossed (license information provided, etc.) prior to submitting the lien.
Filing a lien same-day is sometimes possible, but it is very difficult to accomplish - especially if the lien claimant is not physically located where the project occurred in order to deliver the lien to the recorder.