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Lien Affidavit for the United States

Lien Affidavit Template for United States

A Lien Affidavit is a sworn legal document used in the United States to claim a security interest in property for unpaid work, services, or materials. The document must comply with state-specific requirements and typically includes detailed information about the property, the nature of work performed or materials supplied, and the amount owed. It serves as an official record of the lien claim and must be properly notarized and filed with the appropriate county recorder's office.

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Lien Affidavit

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What is a Lien Affidavit?

A Lien Affidavit is a crucial document in the construction and real estate industries, providing a legal mechanism to secure payment for work performed or materials supplied. This document is commonly used when payment disputes arise and allows the claimant to establish a security interest in the improved property. The affidavit must be filed within specific timeframes that vary by state and requires precise documentation of the claim details, property description, and compliance with notice requirements. It serves as both a protective measure for contractors and suppliers and a formal notice to property owners of the outstanding debt.

What sections should be included in a Lien Affidavit?

1. Affiant Information: Identity and legal capacity of the person making the affidavit

2. Property Description: Legal description of the property subject to the lien

3. Claim Details: Amount claimed, nature of work/materials provided, dates of service

4. Verification Statement: Sworn statement confirming the truth of the information provided

5. Notarization Block: Official notary acknowledgment

What sections are optional to include in a Lien Affidavit?

1. Contract Reference: Details of the underlying contract, used when the lien relates to a specific contract

2. Notice Compliance: Statement of compliance with preliminary notice requirements, included if required by state law

3. Waiver Statements: Any applicable lien waivers or releases, included if partial payments received

What schedules should be included in a Lien Affidavit?

1. Schedule A - Property Documentation: Detailed property description, surveys, or plots

2. Schedule B - Payment History: Detailed breakdown of payments made and amounts due

3. Schedule C - Supporting Documents: Copies of contracts, invoices, or other relevant documentation

4. Schedule D - Notice Documentation: Copies of required notices and proof of service

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Affidavit

Cost

Free to use
Clauses






















Industries

State-Specific Mechanics Lien Laws: Core state legislation governing mechanics liens, including specific filing deadlines, notice requirements, and state-specific form requirements. Each state maintains its own distinct mechanics lien statutes.

Uniform Commercial Code (UCC): Article 9 of the UCC governing secured transactions, including filing requirements for perfecting security interests and related provisions.

Property Laws: State and local real property statutes, including recording requirements and property description requirements for legal documentation.

Construction Laws: Regulations governing construction contracts, state contractor licensing requirements, and payment terms and requirements in construction projects.

Federal Laws: Relevant federal legislation including the Truth in Lending Act, federal tax lien requirements, and provisions of the Bankruptcy Code that may affect lien rights.

State Civil Procedure Rules: Procedural requirements for affidavits, including notarization requirements and proper filing procedures as specified by state law.

Fair Debt Collection Practices Act: Federal legislation governing debt collection practices that may be applicable when pursuing lien claims involving debt collection.

State-Specific Notice Requirements: Mandatory notice requirements including pre-lien notices, notice to property owners, and notice to contractors as required by state law.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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