Mechanics lien 2025

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A Mechanics Lien Statement must contain the name of the owner or reputed owner of the property, the name of the lien claimant, the name of the person who furnished the material or performed the labor, and the name of the contractor. 38-22-109(1).
Filing of Mechanics Lien. The general contractor must file a mechanics lien with the registry that states the date when material was first and last furnished, legal description of the property, and name and address of the owner of the property and the tax parcel identification number.
A mechanics lien is a statutory lien secured by real or personal property for labor or materials used to improve, maintain, or repair property. The mechanics lien provides a security interest that can be enforced by the holder against the piece of property if the debt is not paid.
A proper Notice and Certification of Mechanics lien must include a statement and account of the amount due and a description of the covered property that satisfies S.C. Code Ann. 29-5-90. Unlike North Carolina liens, South Carolina liens do not relate back to the date of first furnishing of labor or materials.
The concept of a mechanics lien traces back several centuries to its origin with Thomas Jefferson, one of our Nations founding fathers. At this time, the builders and laborers were often called mechanics, hence the name mechanics lien was born.
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While mortgage liens secure the repayment of a loan used to purchase a property, mechanics liens secure payment for labor, materials, or services provided for the improvement of the property itself.
An example of a mechanics lien would be if a contractor performed $10,000 worth of work on a property owners home and the owner failed to pay the contractor. The contractor could then file a mechanics lien against the property for the unpaid work.
A mechanics lien puts pressure on the owner and general contractor to get the lien paid for, that way the owner can maintain a clear security interest in the property. If the debtor is unable to pay or files bankruptcy, the mechanics lien gives the claimant legal right to collect from the real estate.

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