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Materialman’s Liens

 

This is a general description of the lien law and should not be construed as legal advice. Since the lien law is strictly construed, and even minor departures from the lien law requirement typically will void a party’s lien rights, we advise you to consult an attorney for any questions regarding your legal rights prior to filing.  Acceptance and recording of a lien, does not guarantee the lien is valid. The Real Estate Department cannot cancel and/or remove a lien. The original party that filed the lien must file the cancellation.

 

A mechanic’s or materialman’s lien is a claim created by law against real property and the structures on the property for the purpose of securing priority of payment of the price or value of the work performed and materials furnished in erecting or repairing a building or other structure. O.C.G.A. §44-14-361

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http://constructionliens.uslegal.com/state-laws/georgia-lien-law-summary

 

Requirement to be filed

  • The original document must be filed within 90 days from the date of completion of work or the last day materials were furnished. O.C.G.A. §44-14-361.1

  • Specify the amount claimed

  • State the service rendered

  • Describe the real estate against which the lien is claimed and give the name of the owner(s) of said real estate.

  • Give the date the lien became due.

  • Give proper notice of when the lien expires and of property owner’s right to contest the lien.

    • The law requires specific statutory language to be included in the document and time-sensitive notifications to be sent to the property owner.  See  O.C.G.A. §44-14-361.  Failure to include proper language shall invalidate the lien and prevent it from being filed.

  • The law specifies who can file materialmen or Labor Liens, §44-14-361.

  • There are set deadlines for contractors and subcontractors under the Notice of Commencement, §44-14-361.5.

  • The lien will expire and is void after 395 days from the date of filing if no legal action has been filed, §44-14-367.

  • Include a return address at the top left corner of each document. 

  • A three-inch margin at the top of the first page

 

There are three ways to file:

  • All self-filers MUST eFile real estate documents. (Per HB 1292 effective January 1, 2025)

  • These Groups may file via paper or eFile: (Per HB 1292 effective January 1, 2025)

    • Georgia-licensed attorneys,

    • Mortgage lenders, (Georgia licensed or exempt)

    • Mortgage servicers, (as such term is defined in 12 C.F.R. Section 1024.2)

    • Federally insured bank or credit unions

    • Georgia -licensed surveyors,

    • Title insurance companies, (Georgia licensed)

    • Georgia-licensed real estate brokers or salespersons,

    • Any public official.

  • In person: Mon – Friday from 8:00 am to 4:30 pm

  • By Mail: Deeds and Records 90 North Street, Suite G-150 Canton, GA 30114

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The Real Estate Office also files:

  • FiFa

  • Lis Pendens

  • Hospital Liens

  • Homeowner (HOA) Liens

  • Federal Tax Liens

  • Preliminary Liens

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