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Maryland Final Order Establishing Mechanics' Lien and Directing Sale of Property

State:
Maryland
Control #:
MD-JB-055-12
Format:
PDF
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Description Mechanics Lien On Property

A12 Final Order Establishing Mechanics' Lien and Directing Sale of Property
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FAQ

To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the lien.

While they don't require lien filings to be notarized, they do require a lien filer to jump through various other hoops that, if not done properly, might cause your filing to be rejected or invalidated: Delaware.

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.

A mortgage creates a lien on your property that gives the lender the right to foreclose and sell the home to satisfy the debt. A deed of trust (sometimes called a trust deed) is also a document that gives the lender the right to sell the property to satisfy the debt should you fail to pay back the loan.

While it's unlikely that just anyone can put a lien on your home or land, it's not unheard of for a court decision or a settlement to result in a lien being placed against a property.

In Maryland, all mechanics liens must be filed within 180 days from last providing materials or labor. In Maryland, a lien claimant is required to initiate his enforcement of the lien by filing a Petition to Enforce the lien within 1 year from the date on which the Petition to Establish the lien was filed.

To establish a lien, a contractor or subcontractor must file a petition in the circuit court for the county where the property is located within 180 days after completing work on the property or providing materials. It can be difficult to determine the work completion date.

If you want to place a lien on a commercial rental property and you are not the landlord, you may need to put a lien on the property by filing with the court of record in the jurisdiction where the property is actually located.

How long does a judgment lien last in Maryland? A judgment lien in Maryland will remain attached to the debtor's property (even if the property changes hands) for 12 years.

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Maryland Final Order Establishing Mechanics' Lien and Directing Sale of Property