If i placed a mechanics lien on a property but they did not sign for it via certified mail, does that make the lien inactive or is the lien still in place without signing for the paperwork?
1 reply
Mar 27, 2019
Nevada lien statutes provide that the lien should, not only be recorded in the county recorder's office but also served on the property owner and general contractor within 30 days. Failure to send a copy of the lien on either party can potentially result in the lien being invalidated. The means of service are provided in N.R.S. §108.227(1)(b), which states that the notice must be served, "by mailing a copy of the notice of lien by certified mail, return receipt requested." Therefore, if the lien claimant has sent a copy by certified mail with return receipt requested, the contractor has fulfilled their notice obligation according to the statutory language. Furthermore, as a general rule, courts are reluctant to refuse statutory rights when an individual attempts to intentionally interfere with the procedure. Additional information can be found at How to File an NV Mechanics Lien and the Nevada Mechanics Lien and Notice Overview page.