I have filed a mechanic lien in Oklahoma. We have tried to serve and reach the owner on this manor. We can't find him. How can we retain the property for payment since we can't find him? We did our due diligence and levelset did as well
After an Oklahoma mechanics lien has been filed, a notice of the lien is required to be sent to the property owner. The county clerk is usually responsible for this, but sending one on your own (or having Levelset handle it) is the best way to ensure service.
If the owner can't be found, Okla. Stat. tit. 42, §143.1(2) provides an alternative. If the owner can't be found after due diligence, then an affidavit setting forth setting forth such facts can be filed in the office where the claim was filed within 60 days of the date the lien was recorded. Afterwards, the notice can be sent to the occupant of the property (by certified mail, return receipt requested) or, if there is no occupant, then it can be posted in a conspicuous place on the property. That will fulfill the notice requirements.
For more on this see: How to File an Oklahoma Mechanics Lien