What is the process for filing a lien if payment is not received for construction work?
In Maryland, the process for filing a lien if payment is not received for construction work is initiated by filing a claim of lien in the circuit court. First, the claimant must provide the court with the sworn statement. This statement must contain the information about the party who is filing the lien, the owner or party who is responsible for the payment of the debt, and the amount claimed. The statement should also describe the labor or the material supplied for the construction project, the amount due, and the date of the last payment. After the statement is filed in the court, the claimant must provide a copy of the statement and the notice of the lien to the owner of the property. The claimant must also provide copies of these documents to anyone with an interest in the property, including any mortgagee. Finally, a copy of the filed claim of lien must be published in a newspaper of general circulation in the county where the property is located. The claimant must provide proof of this publication to the court. Once all of these steps are completed, the lien is placed on the property and will remain until the debt is paid in full. It is important to note that the lien will not prevent the owner from selling or disposing of the property, but they will be required to pay the debt out of the proceeds of the sale before any money is distributed to other creditors.
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