Mechanics Lien Filing Package — Iowa

Mechanics Lien Filing Package (IOWA)

Quick-Reference Summary

Part A — Pre-Lien Notice

A.1 — General Contractor Notice of Commencement (Residential) — Iowa Code §§ 572.13, 572.13A

To be posted to the Mechanics' Notice and Lien Registry within 10 days of first furnishing labor or materials on residential construction property.

MNLR Filing — Notice of Commencement of Work

Owner Disclosure Statement (delivered by personal delivery or certified mail at or before commencement; § 572.13(2)):

"Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved property if they are not paid for their contributions, even if the parties have no direct contractual relationship with the owner. The Mechanics' Notice and Lien Registry provides a listing of all persons or companies furnishing labor or materials who have posted a lien or who may post a lien upon the improved property. The administrator of the registry is the secretary of state. You may visit the registry at https://mnlr.sos.iowa.gov or telephone 888-767-8683 (toll free) to obtain information about your project."

Delivered to Owner by: ☐ Personal delivery ☐ Certified mail (date: [__/__/____])

Signature of GC: ________________________________ Date: [__/__/____]

A.2 — Subcontractor / Supplier Preliminary Notice (Residential) — Iowa Code § 572.13B

To be posted to the MNLR. The lien of a subcontractor/supplier on residential construction is limited to the balance owed by the owner to the GC at the time this preliminary notice is posted (§ 572.13B(3)).

Posted to MNLR on: [__/__/____] Confirmation No.: [________________________________]

A.3 — Commercial Construction Notification (Owner-to-GC) — Iowa Code § 572.33

For commercial projects (non-residential) the owner may, but is not required to, deliver a Notice of Commencement to the GC. Subcontractor lien rights on commercial work do not require MNLR preliminary notice. See § 572.33 / § 572.33A regarding owner-to-GC and owner-payment defenses.

Part B — Claim of Mechanics Lien

MECHANIC'S LIEN STATEMENT

Filed in the Iowa Mechanics' Notice and Lien Registry pursuant to Iowa Code §§ 572.8, 572.34

Description of Labor, Services, Equipment, or Materials Furnished:

[________________________________]
[________________________________]
[________________________________]

Statement of Account / Itemization: ☐ Attached as Exhibit A

Verification (Iowa Code § 572.8):

I, [________________________________], being first duly sworn, depose and state: I am the [TITLE] of the Claimant and am authorized to make this verification. I have read the foregoing Mechanic's Lien Statement. The facts stated are true to the best of my knowledge, information, and belief. The amount claimed of $[__________] is justly due and unpaid after allowance of all just credits and offsets. The labor and/or materials described above were furnished for the improvement of the Property and were used or intended for use on said Property.

Signature: ________________________________ Date: [__/__/____]

Printed Name / Title: [________________________________]

Notary Acknowledgment

Subscribed and sworn to before me on [__/__/____] by [________________________________].

Notary Public Signature: ________________________________

My commission expires: [__/__/____]

[NOTARY SEAL]

Part C — Notice of Filing Lien Claim to Owner

C.1 — Owner Notice of Lien Filing (Standard Form)

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

TO: [OWNER NAME]
[OWNER ADDRESS]

Via Certified Mail, Return Receipt Requested — Article No.: [________________________________]

RE: Notice of Mechanic's Lien — Property at [PROPERTY ADDRESS]; MNLR No. [________________________________]

You are hereby notified that on [__/__/____], the undersigned filed a Mechanic's Lien with the Iowa Secretary of State's Mechanics' Notice and Lien Registry against the above-described property pursuant to Iowa Code Chapter 572. The amount claimed is $[__________] for labor, services, equipment, and/or materials furnished for the improvement of the Property.

A copy of the filed Lien Statement is enclosed. You may inspect all filings affecting the Property at https://mnlr.sos.iowa.gov using MNLR No. [__________].

Under Iowa Code § 572.28 you may serve a written demand requiring the undersigned to commence suit to enforce this lien within 30 days, failing which the lien is forfeited. The undersigned reserves all rights, including the right to bring a foreclosure action within the time permitted by Iowa Code § 572.27.

Sincerely,

________________________________
[CLAIMANT NAME], [TITLE]
[CLAIMANT ADDRESS / PHONE / EMAIL]

C.2 — Late-Lien Notice on Owner-Occupied Residence — Iowa Code § 572.10

Use this form if the lien is being posted MORE THAN 90 DAYS after the last labor or materials, on an owner-occupied residence. Required by § 572.10. Lien is limited per § 572.11 to amounts the owner has not yet paid the GC.

TO: [OWNER NAME]
[OWNER ADDRESS]

Via Certified Mail, Return Receipt Requested

You are hereby notified pursuant to Iowa Code § 572.10 that the undersigned has posted, or intends to post, a Mechanic's Lien on the Mechanics' Notice and Lien Registry against the property located at [PROPERTY ADDRESS], in which you reside. The lien is in the amount of $[__________] for unpaid labor and/or materials furnished to the property between [__/__/____] and [__/__/____].

Because more than 90 days have elapsed since the last labor or materials were furnished, this lien is enforceable only to the extent of the balance, if any, which you owe to your general contractor at the date of posting. You are advised that you may withhold from any further payment to your general contractor an amount sufficient to satisfy this claim.

Date: [__/__/____]

________________________________
[CLAIMANT NAME], [TITLE]

Part D — Suit to Foreclose

IN THE IOWA DISTRICT COURT FOR [____________] COUNTY

Case No.: [____________]

PETITION TO FORECLOSE MECHANIC'S LIEN

COMES NOW Plaintiff [CLAIMANT NAME], by and through undersigned counsel, and for its Petition to Foreclose Mechanic's Lien states:

Parties and Jurisdiction

1. Plaintiff is a [ENTITY TYPE] with its principal place of business in [CITY, STATE].

2. Defendant [OWNER NAME] is the record titleholder of the real property at issue, located in [____________] County, Iowa.

3. This Court has jurisdiction under Iowa Code § 572.25, the property being situated in this county.

Facts

4. On or about [__/__/____], Plaintiff entered into [a written / an oral] contract with [OWNER / GC / HIRING PARTY] to furnish [DESCRIBE LABOR/MATERIALS] for the improvement of the property commonly known as [PROPERTY ADDRESS], legally described as:

[LEGAL DESCRIPTION]

5. Plaintiff furnished labor and/or materials between [__/__/____] (first date) and [__/__/____] (last date).

6. The total reasonable value of the labor/materials furnished is $[__________]. Payments received total $[__________]. The balance due and unpaid is $[__________].

7. [If applicable — residential pre-lien notices: All notices required by Iowa Code §§ 572.13, 572.13A, and 572.13B were timely posted and/or served, as evidenced by MNLR confirmations attached as Exhibit B.]

8. On [__/__/____], Plaintiff posted to the Mechanics' Notice and Lien Registry a verified Mechanic's Lien Statement in the amount of $[__________]. A copy is attached as Exhibit C. The lien was timely posted within 90 days of last work [or — within 2 years and 90 days under § 572.10 and the additional notice required by that section was served as evidenced by Exhibit D].

9. Despite demand, Defendant Owner has failed and refused to pay the amount due.

Count I — Foreclosure of Mechanic's Lien (Iowa Code § 572.21)

10. Plaintiff incorporates paragraphs 1–9 above.

11. Plaintiff is entitled to foreclose its mechanic's lien upon the Property and to the sale of the Property and improvements to satisfy the lien, together with interest, costs, and attorney's fees as provided by Iowa Code § 572.32.

Count II — Breach of Contract (alternative / cumulative)

12. Plaintiff incorporates paragraphs 1–9 above.

13. [GC / Owner / Hiring Party] breached the contract by failing to pay the amount due. Plaintiff is entitled to judgment in the amount of $[__________], plus interest at the contract rate (or statutory rate under Iowa Code § 535.3), costs, and attorney's fees if provided by contract.

Prayer for Relief

WHEREFORE, Plaintiff prays for judgment:

A. Establishing and foreclosing Plaintiff's mechanic's lien against the Property in the amount of $[__________], plus interest, costs, and attorney's fees;
B. Ordering the sale of the Property and improvements to satisfy the lien;
C. Awarding judgment against [GC / Hiring Party] for breach of contract in the amount of $[__________], plus interest, costs, and attorney's fees;
D. Granting such other and further relief as the Court deems just and equitable.

Dated: [__/__/____]

Respectfully submitted,

________________________________
[ATTORNEY NAME], AT[____________]
[FIRM NAME]
[ADDRESS / PHONE / EMAIL]
ATTORNEY FOR PLAINTIFF

Part E — Pre-Filing Checklist

Identification & Authority

☐ Confirmed claimant is properly registered (Iowa contractor registration, if required by Iowa Code Ch. 91C)
☐ Verified claimant has standing under § 572.2 (provided labor/materials/equipment used in the improvement)
☐ Identified record titleholder via county assessor / register of deeds search

Project Classification

☐ Determined whether project is residential (single- or two-family dwelling) or commercial
☐ For owner-occupied residential, confirmed late-lien rules of §§ 572.10, 572.11 apply if outside 90-day window
☐ Located or obtained MNLR Number for the property

Pre-Lien Notices (Residential)

☐ GC: Notice of Commencement posted to MNLR within 10 days of first work (§ 572.13A)
☐ GC: Statutory Owner Disclosure Statement delivered to owner (§ 572.13)
☐ Sub/Supplier: Preliminary Notice posted to MNLR before lien (§ 572.13B)
☐ Confirmation numbers and posting dates saved

Timing

☐ Calculated 90 days from last date of labor/materials
☐ If past 90 days, confirmed not past 2-years-and-90-days outside window
☐ Calendared the 2-year suit-to-enforce deadline (§ 572.27)
☐ Calendared 30-day response window in case § 572.28 demand is received

Lien Statement Contents

☐ Claimant name, address, contact information correct
☐ Owner name matches record title
☐ Legal description verified against county records (not just street address)
☐ Tax parcel ID included
☐ First and last furnishing dates accurate (back-up with delivery tickets / time sheets)
☐ Itemized statement of account attached
☐ Amount claimed represents balance due after all credits/offsets
☐ Verification signed by authorized representative
☐ Notarized

Filing

☐ Lien posted to MNLR (https://mnlr.sos.iowa.gov)
☐ Filing fee paid
☐ MNLR confirmation number / time stamp retained
☐ Copy of filed lien served on owner by certified mail (in addition to MNLR auto-notice)
☐ If late lien on owner-occupied residence, separate § 572.10 notice served

Documentation Retained

☐ Contract / purchase orders
☐ Change orders
☐ Invoices, time sheets, delivery tickets
☐ Communications with owner / GC re payment
☐ Photographs of work performed
☐ Proof of certified-mail service to owner
☐ All MNLR confirmations

Sources and References

• Iowa Code Chapter 572 (full text): https://www.legis.iowa.gov/docs/code/572.pdf
• Iowa Mechanics' Notice and Lien Registry (MNLR): https://mnlr.sos.iowa.gov/
• Iowa Secretary of State — MNLR Information: https://sos.iowa.gov/mnlr/index.aspx
• Iowa Legal Aid — Mechanic's Lien Overview: https://iowalegalaid.org/resource/mechanics-lien/
• Iowa Code § 572.13A (Notice of Commencement — residential): https://www.legis.iowa.gov/docs/code/572.13A.pdf
• Iowa Code § 572.13B (Preliminary notice — subcontractor — residential): https://www.legis.iowa.gov/docs/code/572.13B.pdf
• Iowa Code § 572.27 (Limitation on action): https://www.legis.iowa.gov/docs/code/572.27.pdf
• Iowa Code § 572.28 (Demand for bringing suit): https://www.legis.iowa.gov/docs/code/572.28.pdf
• Iowa Code § 572.34 (Mechanics' Notice and Lien Registry): https://www.legis.iowa.gov/docs/code/572.34.pdf