Who would a mechanic's lien be filed with to become legal?
Full Question:
We need to file a mechanic's lien today for a balance due on a 9/08 residential contruction job. Do we need to file it with the court or just the town clerk's office?
04/29/2009 |
Category: Contractors ยป Construction... |
State: Vermont |
#16356
Answer:
A lien in Virginia is filed with the town clerk's office. An action to enforce a lien previously filed is brought in court.
The following are Vermont statutes:
9 V.S.A. § 1923. Recording notice of lien
A person claiming a lien under section 1921 of this title,
shall file for record in the clerk's office of the town where
such real estate is situated, a written memorandum, signed by
him, asserting his claim, which shall charge such real estate
with such lien as of the visible commencement of work or
delivery of material to the extent and subject to the
exceptions provided in sections 1921 and 1922 of this
title. Several such liens, asserted as aforesaid, shall be paid pro
rata, if the sum due or to become due from the owner thereof
is not sufficient to pay the same in full.
9 V.S.A. § 1921. Extent of lien; notice
(a) When a contract or agreement is made, whether in writing
or not, for erecting, repairing, moving or altering
improvements to real property or for furnishing labor or
material therefor, the person proceeding in pursuance of such
contract or agreement shall have a lien upon such improvements
and the lot of land on which the same stand to secure the
payment of the same.
(b) A person who by virtue of a contract or agreement,
either in writing or parol, with an agent, contractor, or
subcontractor of the owner thereof, performs labor or
furnishes materials for erecting, repairing, moving, or
altering such improvements shall have a lien, to secure the
payment of the same upon such improvements and the lot of land
upon which the same stand, by giving notice in writing to such
owner or his or her agent having charge of such property that
he or she shall claim a lien for labor or material. The notice
shall include the date that payment is due, if known. Such
lien shall extend to the portions of the contract price
remaining unpaid at the time such notice is received.
(c) A lien herein provided for shall not continue in force
for more than 180 days from the time when payment became due
for the last of such labor performed or materials furnished
unless a notice of such lien is filed in the office of the
town clerk as hereinafter provided.
(d) A lien under this section shall not take precedence over
a deed or other conveyance to the extent that consideration
therefor has been paid in good faith before record of such
lien. Such lien shall not take precedence over a mortgage
given by the owner thereof upon such building, property or
improvements and the lot of land on which the same stand, as
security for the payment of money loaned and to be used by
such owner in payment of the expenses of the same, if such
mortgage is recorded before such lien is filed in the office
of the town clerk as hereinafter provided. If such mortgagee
shall receive written notice that any lien hereunder is to be
claimed, such lien shall take precedence over such mortgage as
to all advances thereafter made under such mortgage to such
mortgagor, except such advances as the mortgagee may show were
actually expended in completing such improvements to real
property.
(e) The lot of land covered by such lien shall be deemed to
be all of the land owned or held by the owner and used or
designed for use in connection with such improvements, but
such lien shall not extend to other adjacent lands used for
purposes of profit.
(f) A lien under this section may not be waived in advance
of the time such labor is performed or materials are
furnished, and any provision calling for such advance waiver
shall not be enforceable.
9 V.S.A. § 1924. Action to enforce lien
Within 180 days from the time of filing such memorandum, if
such payment is due at the time of such filing and within 180
days from the time such payment becomes due, if not due at the
time of such filing, such person may commence his or her
action for the same and cause such real estate or other
property to be attached thereon. If he or she obtains judgment
in the action, the record of such judgment shall contain a
brief statement of the contract upon which the same is
founded.
