Virgin Islands Certificate of Satisfaction of Mechanic's or Construction Lien

State:
Multi-State
Control #:
US-01032BG
Format:
Word; 
Rich Text
Instant download

Description

A mechanic's (or construction) lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien attaches to the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute. This form is a sample of a certificate of a lienholder that the debt secured by the release has been paid and stating that the lien should be marked discharged in the appropriate land records.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Can an unlicensed contractor file a Virginia mechanics lien? No. Anyone who is required to be licensed by the Virginia Board for Contractors for the work performed, and aren't, are not entitled to lien rights.

The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.

The potential lien claimant must record the mechanics lien within 90 days of: Completion of work, ? When the owner began using the improvement, or ? When the owner accepted the improvement. If the potential lien claimant fails to record the mechanics lien within the appropriate time frame, the lien isn't valid.

The mortgage, or deed of trust as it's called in some states, is the legal instrument that creates a lien on your property. This gives the lender the right to foreclose on your property should you not satisfy the terms of the loan agreement. It creates a security interest in the property on behalf of the lender.

When: Within 90 days of completion if no notice of completion or cessation filed. Within 60 days of such notice. With Whom: County recorder's office. Purpose: To notify owner, lender, or public agency to withhold funds to pay for goods or services provided to a prime contractor( Public for Private works.)

The Preliminary Notice These notices allow you to track who has a potential claim against your property. Subcontractors and suppliers must provide you with this notice in order to maintain their right to file a lien. If they don't provide you with the notice, they lose the right to file a lien.

In California and Washington, the laws against unlicensed contractors are very strict ? unlicensed contractors have no recovery rights whatsoever. This means they cannot file a lien, or a lawsuit, or anything at all.

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid. Property owners need to be aware of the process so they can avoid financial and legal pitfalls.

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Virgin Islands Certificate of Satisfaction of Mechanic's or Construction Lien