Virginia Owner's Affidavit as to Mechanic's Liens and Possession
Definition and meaning
The Virginia Owner's Affidavit as to Mechanic's Liens and Possession is a legal document used by property owners in Virginia to declare their ownership and confirm the absence of mechanic's liens against the property. This affidavit serves as an assurance to a title company during real estate transactions, indicating that there are no outstanding claims from contractors or laborers involving the property.
How to complete the form
To properly complete the Virginia Owner's Affidavit as to Mechanic's Liens and Possession, follow these steps:
- Enter your full name and the date you became the property owner.
- Provide a description of the property, including the address.
- Specify the number of days within which no work has been done or materials supplied.
- Carefully read and confirm that no outstanding claims or leases exist.
- Sign the document before a notary public, who will acknowledge your signature.
Who should use this form
This affidavit is essential for property owners in Virginia looking to protect their real estate during transactions. It is particularly useful for owners who have recently purchased property or are refinancing, as it assures lenders and title companies that the property is free from mechanic's liens.
Key components of the form
The Virginia Owner's Affidavit as to Mechanic's Liens and Possession contains several critical components:
- Owner's name and property description
- Statement of ownership duration
- Confirmation of no outstanding claims or liens
- Notary public information for validation
What documents you may need alongside this one
When preparing the Virginia Owner's Affidavit as to Mechanic's Liens and Possession, consider including the following documents:
- A copy of the property deed
- Any previous contracts or agreements related to the property
- Evidence of payment for any recent improvements or repairs
What to expect during notarization
During the notarization process of the Virginia Owner's Affidavit as to Mechanic's Liens and Possession, you will need to present a valid identification document to the notary public. The notary will verify your identity, witness your signature, and then affix their seal to the affidavit, officially recognizing it as a legal document.
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FAQ
UNDER VIRGINIA CODE § 43-5 If no contractor license or certificate number is included, the claimant certifies that such a valid license or certificate is not required by law for the work done for which the benefit of a lien is claimed. 2.
Where do I file and record a Virginia mechanics lien? Virginia mechanics liens are documents recorded in the county clerk's office. For your mechanics lien to be properly recorded, it must be filed in the office of the county where the property is located. Each county has its own unique rules and requirements.
As we noted previously, Virginia law requires contractors to file mechanics' liens in the land records office of the county where the project is located either within 90 days of the last supply of labor or materials (if the project is completed), or within 90 days of the last day of the month in which the contractor
About Virginia Notice of Intent to Lien Form If a party is refusing to pay your claim or ignoring your phone calls, sending a Notice of Intent to Lien to that party, the prime contractor and/or the property owner can let them know you're serious about collecting and prioritize your payment.
PREPARING THE VIRGINIA MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.
Where to record a mechanics lien in Virginia. The Virginia lien law states that the memorandum should be recorded in the clerk's office in the county or city in which the building, structure or railroad, or any part thereof is located. If the property spans more than one county, your claim should be filed in both.
How to File a Virginia Mechanics Lien ? Step by Step Guide to Get You Paid Virginia mechanics lien law. Licensing requirement. Prepare a Virginia mechanics lien form.File the lien with the county recorder office.Send a notice. After filing your Virginia mechanics lien.Additional Virginia resources.
