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On receiving a notice of mechanic's lien from a lien claimant, the property owner or its agent has a duty to withhold from a contractor's payment an amount sufficient to satisfy the amount of the lien (D.C. Code § 40-303.04). A contractor may waive or release its lien at any time.
A first lien has a higher priority than other liens and gets first crack at the sale proceeds. If any sale proceeds are left after the first lien is paid in full, the excess proceeds go to the second lien?like a second-mortgage lender or judgment creditor?until that lien is paid off, and so on.
There's only one office where mechanics liens can be recorded. This is the Office of the Recorder of Deeds- Land Records Division. Before you go down to the office, or otherwise send out your claim, you should contact the office ahead of time to ensure that you have all the required documents and filing fees.
A Virginia mechanic's lien may have the highest priority of any in the United States. The mechanic's lien claimant will have priority over the construction loan bank. The Virginia mechanic's lien will also survive a foreclosure or any other sale of the property.
?Upon payment and acceptance of the amount due to the lien claimant and upon demand of the owner or the person making payment, the lien claimant shall immediately prepare and execute a release of all lien rights for which payment has been made, and deliver the release to the person making payment.
In general terms, the District of Columbia Mechanic's Lien carries priority over all other liens and mortgages once work has commenced. However, this document does not take priority over construction loan advances created following the filing of the Notice of Mechanic's Lien.
Notice. (a)(1) A contractor desiring to enforce the lien shall record in the land records a notice of intent that identifies the property subject to the lien and states the amount due or to become due to the contractor.
Step 1. Fill out a Washington DC mechanics lien form Your information. ... Owner's information. ... General contractor's information. ... Amount claimed. ... Description of labor & materials (including first and last dates) ... Description of property. ... Copy of contractor license & certificate of good standing.