I had a lien field against a personal property, but the attorney filed it in the incorrect county, no notices were sent to the GC or the owner. Is the lien valid?
1 reply
Oct 11, 2019
If a mechanics lien has been filed in the wrong county, and if the necessary notices weren't sent to the necessary parties, then a filed mechanics lien would likely not be valid and enforceable. Notice requirements tend to be very strict, and liens must be filed with the county recorder of the county where work was performed and the project property is located in order to be valid and enforceable.
Of course, if the deadline to file a mechanics lien hasn't passed, a lien claimant could always attempt a second lien filing - this time in the correct county and with the right notices sent. Though, if the deadline to file has passed, then a lien claimant may need to pursue other options for recovery. Levelset discusses some of those options here: Can’t File a Lien? Here Are Some Other Options For Recovery.
For more background on Virginia's mechanics lien requirements, these two resources should be helpful:
(1) Virginia Mechanics Lien Guide and FAQs(2) How to File a Virginia Mechanics Lien – Step by Step Guide