How do I file a lien in Arizona?
In general, there are 3 steps to file a mechanics lien claim in Arizona:
- Complete a mechanics lien form that meets the legal requirements. Download an Arizona mechanics lien form.
- File the lien claim with the county prothonotary (clerk) by the deadline.
- Serve a copy of the lien on the property owner.
What does a claim of lien include?
A claim of lien is a legal claim to property as security against any amount of money or services owed to another person or entity. It is a public record, available to anyone, that alleges a valid, unpaid debt against the specific real estate named in the lien. …
What is a release of claim of lien?
A release of lien form removes the lien claim from the property in question, whether it’s real estate, a vehicle, or something else. Large construction projects that employ contractors and subcontractors often use special lien waivers and release of liens to ensure all workers get paid appropriately.
How long does a lien last in Arizona?
How long does a judgment lien last in Arizona? A judgment lien in Arizona will remain attached to the debtor’s property (even if the property changes hands) for five years.
How long does it take for a lien to be recorded?
In most cases, the lien holder (the lender in this case) should send the release to be recorded within 30-90 days.
What is a lien form?
A Lien Release is a form that removes a lien on a property once the property owner pays the lienor in full. The lienor is the person who placed the lien against the property. A lien is a protective legal document that establishes the lienor’s claim to another party’s assets to satisfy a debt or outstanding payment.
How do I find out if there is a lien on my property in Arizona?
Liens are publicly recorded in the county where the property is located. You can record your lien at the county office of the recorder. Due to potential complications concerning questions of law and notice, you may want to consult with an attorney .
Where to file a lien on a property in Arizona?
Deliver your completed lien form to the county recorder’s office in the Arizona county where the property is located. You can do this in person or by mail. Most counties allow you to file electronically. You’ll also need to pay the filing fee.
Can a design professional file a mechanics lien in Arizona?
Just as important as who can lien a project is who cannot. Here are three rules in Arizona limiting who can file mechanics liens: Design professionals can only file a mechanics lien if they have a written contract with the property owner, or, a written or oral contract with an architect who has a written contract with the property owner.
Can you file a mechanics lien without a written contract?
On owner-occupied residential projects, a mechanics lien can only be filed by those who have a written contract with the owner. Without a written contract with the owner, you cannot file a mechanics lien on these project types.