Maryland Preliminary Notice FAQs

If you are contemplating filing a petition to establish a lien on real property in Maryland, that would involve hiring an attorney and filing the petition in the Circuit Court in the County where the real property is located. See Levelset Article at https://www.levelset.com/mechanics-lien/maryland-lien-law-faqs/

Maryland law gives a party who improves real estate the right to file a mechanic's lien against the property to collect payment. The title search in connection with the sale would not have caught if closing occurred prior to the lien filing. However, to establish a lien in Maryland the roof contractor would need to file a petition to establish a lien and then there is an evidentiary hearing for the court to determine if the contractor has a factual and legal basi to move forward with the action (the court allowing the lien to be established doesn't mean the contractor wins, only that the contractor can proceed with the suit to enforce the lien, which moves through the court system the same way a breach of contract would move through the system). I would check the documents executed between seller and buyer to see if any representations or warranties exist upon Seller to defend, protect, and hold you harmless from claims arising out of pre-closing actions of the Seller. At the very least, I would send the Seller a demand letter directing that this matter be resolved immediately. See also Levelset article at https://www.levelset.com/blog/what-if-your-mechanics-lien-is-filed-after-the-owner-sells-the-property/ 

To enforce a mechanic's lien in PA, the claimant must eventually obtain a judgment upon the lien filed. This is done by filing a complaint to enforce, similar to a lawsuit
seeking judgment on a contract. The action is commenced by filing a
complaint with the prothonotary (clerk of the court). The procedure to
obtain a judgment on a claim is essentially the same as the procedure
for any civil court action. The complaint must identify:

1. The name and address of each party to
   the action. If the action is commenced by a subcontractor, the
   complaint must include the name and the address of the contractor.
2. The court, term and number.
3. The date of filing the claim. A copy of the lien must be included as an exhibit.
4. A demand for judgment.

The lien must be enforced by filing a complaint within two years of the date the lien was filed, unless the time is extended by the owner in writing. A judgment must be entered within five years from the date the original lienm is filed or it will be entirely lost.