South Carolina Notice and Certificate of Mechanic's Lien
Description
Definition and meaning
The South Carolina Notice and Certificate of Mechanic's Lien is a legal document that allows contractors, subcontractors, or suppliers to claim a lien against a property when they are owed payment for labor or materials provided for construction or improvement. This form serves to inform property owners and other interested parties about the individual's legal right to seek payment through a lien against the property. Understanding this document is crucial for both property owners and those providing services to ensure timely payment and protect their rights.
How to complete a form
Completing the South Carolina Notice and Certificate of Mechanic's Lien requires several key steps:
- Fill in the details of the person claiming the lien, along with the amount owed for services or materials provided.
- Provide a descriptive account of the nature of the debt, detailing the labor and materials used in the construction or improvement of the property.
- Accurately describe the property for which the lien is claimed, including location details and relevant documentation references.
- Include any additional required information as indicated on the form, such as the period during which work was performed.
- Have the document verified by a notary public to comply with legal requirements.
Be sure to review all the information for accuracy before filing.
Who should use this form
This form is essential for contractors, subcontractors, builders, and suppliers who are seeking payment for services or materials provided to a construction project in South Carolina. Individuals or entities that have not been compensated for their work or supplies and have a valid underlying agreement with the property owner should utilize this form to protect their financial interests.
Key components of the form
The South Carolina Notice and Certificate of Mechanic's Lien includes several important components:
- The name and address of the lien claimant.
- The name and address of the property owner.
- A detailed description of the debt, including the amount owed.
- A statement of the services or materials provided.
- A thorough description of the property, including its boundaries and location.
- Verification by a notary public.
Ensuring all these components are correctly filled out is vital for the form to be valid and enforceable.
How to fill out South Carolina Notice And Certificate Of Mechanic's Lien?
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FAQ
To perfect a mechanic's lien, the contractor, subcontractor, or supplier must file a notice of mechanic's lien with the Register of Deeds or Clerk of Court of the county where the real property is located and serve the property owner with notice and a copy of the lien within 90 days of the completion of the work. S.C.
A South Carolina mechanics' lien claim must be filed within 90 days after completion of the contractors work. A lawsuit to foreclose upon the South Carolina construction lien must be brought no later than 6 months after the claimant ceases to furnish labor or materials.
Mechanic's liens create a cloud on title, meaning that they appear in public property records. Liens are sometimes said to travel with the land, meaning that anyone who buys your house would take the property subject to the contractor's lien (or, more likely, demand that you pay it off first).
In South Carolina, a claimant who has filed a mechanics lien will have 6 months from the last day on which the claimant furnished labor and/or materials to the project to enforce their lien.