What happens when a mechanics lien is filed?

When a contractor files a mechanics' (construction) lien on your home, the lien makes your home into what's called security for an outstanding debt, which the contractor claims is due and unpaid for services or materials.

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South Carolina Notice and Certificate of Mechanic's Lien and Invoices

Sc Lien

Name: South Carolina Notice and Certificate of Mechanic's Lien and Invoices
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.85 (485 reviews)

Category:

South Carolina Liens - Construction

State:

South Carolina

Control #:

SC-LR002

Format:

Instant download

Description

A Mechanic's Lien is a claim and/or notice placed against property by unpaid workmen or material suppliers. A lien claimant who is a general contractor also shall file with the memorandum of lien, a certification of mailing of a copy of the memorandum of lien to the owner of the property at the owner's last known address

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FAQ

To perfect a mechanic's lien, the contractor, subcontractor, or supplier must file a notice of mechanic's lien with the Register of Deeds or Clerk of Court of the county where the real property is located and serve the property owner with notice and a copy of the lien within 90 days of the completion of the work. S.C.

A South Carolina mechanics' lien claim must be filed within 90 days after completion of the contractors work. A lawsuit to foreclose upon the South Carolina construction lien must be brought no later than 6 months after the claimant ceases to furnish labor or materials.

When a contractor files a mechanics' (construction) lien on your home, the lien makes your home into what's called security for an outstanding debt, which the contractor claims is due and unpaid for services or materials.

Mechanic's liens create a cloud on title, meaning that they appear in public property records. Liens are sometimes said to travel with the land, meaning that anyone who buys your house would take the property subject to the contractor's lien (or, more likely, demand that you pay it off first).

Subject to some exceptions, a lien for materials, services, or wages may be registered any time up to 45 days from the day the last materials, services, or wages were provided, or since the contract was abandoned. After those 45 days elapse, the lien expires.

In South Carolina, a claimant who has filed a mechanics lien will have 6 months from the last day on which the claimant furnished labor and/or materials to the project to enforce their lien.

Mechanics Liens must be recorded by a "subcontractor" within 90 days of "completion" or "cessation of work" and a general contractor who has a direct contract with the owner must record within 90 days of completion or of cessation of labor, unless completion or cessation of labor has occurred.

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