What is an intent of lien

4 months ago

What is an intent to lien

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A Notice of Intent to Lien is essentially a final warning letter stating that if payment is forthcoming within a certain amount of days then you are willing and able to file a mechanics lien against the property. Some states require this as a prerequisite to filing a mechanics lien. Sending one before filing can be a great strategy to try and induce payment one more time before spending the time and money to file the lien claim.

In Alabama, anyone who doesn’t have a direct contractual relationship with the property owner (i.e. subs, suppliers, etc.) are required to send a somewhat similar notice referred to as a Notice of Unpaid Lien before a mechanics lien can be filed. There is no specific timeframe when this notice needs to be sent, but since the deadline for those who didn’t contract with the owner to file a lien is 4 months from the last date of furnishing labor or materials to the project, that would presumably be the cutoff. However, the earlier the better. If a pre-work Notice to Owner wasn’t provided, then the mechanics lien claim will be limited to the unpaid balance from the property owner.

Here are some additional resources that may prove useful:

 

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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