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Mechanics liens in West Virginia need to be filed and recorded in the county clerk's office in the county where the property is located. Each clerk's office will have its own filing fees and other specific requirements.
(1) By entering satisfaction of the lien upon the margin of the record thereof in the clerk's office when not otherwise prohibited by law. This satisfaction must be signed by the lienor or the lienor's agent or attorney and attested by said clerk.
A general contractor, or any other lien claimant under §§ 43-7 and 43-9, in order to perfect the lien given by § 43-3, provided such lien has not been barred by § 43-4.01 C, shall file a memorandum of lien at any time after the work is commenced or material furnished, but not later than 90 days from the last day of the ...
Virginia strictly adheres to the 150-day rule for mechanic's liens. The 150-day rule requires that no amounts be included in a mechanic's lien for labor or materials furnished more than 150 days prior to the last date the claimant furnished labor or material to the project.
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.
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.