Mechanics Lien Filing Package — Maryland

Mechanics Lien Filing Package (Maryland)

Quick-Reference Summary

The 120-day and 180-day deadlines run from the day the claimant finished work or furnished materials and are jurisdictional. Talbott Lumber Co. v. Tymann, 48 Md. App. 647 (1981).

Part A — Notice of Intention to Claim Mechanic's Lien

STATE OF MARYLAND

NOTICE OF INTENTION TO CLAIM A MECHANIC'S LIEN

(Pursuant to Md. Code, Real Property § 9-104)

TO: [Owner Name]
[Owner Address]
[City, State ZIP]

FROM (Claimant / Subcontractor):
Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: MD ZIP: [____]
Telephone: [________________________________]

You are hereby notified that the undersigned has done work or furnished materials for or about the building owned by you described below, and intends to claim a mechanic's lien against the property.

1. Description of the property:

Street address: [________________________________]
City/Town: [________________________________] County: [________________________________]
Legal description / lot, block, plat: [________________________________]

2. Name of person for whom work was done / to whom materials were furnished:

[________________________________]
Address: [________________________________]

3. Description of the work done or materials furnished:

[________________________________]

4. Dates of work / furnishing of materials:

First date: [__/__/____] Last date: [__/__/____]

5. Total amount earned under the subcontractor's undertaking to date: $[____]

Amount due and unpaid: $[____]

6. Single-family owner-residence limit (RP § 9-104(a)(2), (f)(3), if applicable):

For a single-family dwelling being erected on the owner's land for the owner's residence, no subcontractor lien is available if the owner fully paid the contractor before receiving this notice. Any lien is limited to the amount owed under the contract when notice is given. The owner may withhold from sums due the contractor the amount ascertained to be due the notifying subcontractor.

I solemnly declare and affirm under the penalties of perjury that the contents of this notice are true to the best of my knowledge, information, and belief.

Date: [__/__/____]

____________________________________
[Claimant Signature], [Title]
[Claimant Name printed]

Affidavit / Proof of Service

I, [________________________________], being duly sworn, state that on [__/__/____] I served the foregoing Notice of Intention to Claim a Mechanic's Lien on the Owner identified above by:

☐ Personal delivery
☐ Registered or certified mail, return receipt requested — Tracking No.: [________________________________]
☐ Posting on the door or front of the building under RP § 9-104(e) because notice could not be given due to absence or other causes, within 120 days and in the presence of a competent witness: [WITNESS NAME]

____________________________________
Affiant Date: [__/__/____]

State of Maryland, [________________________________] County, to wit:

Subscribed and sworn to before me this [____] day of [____________], [____].

____________________________________
Notary Public — Commission expires: [__/__/____]

Part B — Petition to Establish Mechanic's Lien

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

Case No. [____]

PETITION TO ESTABLISH MECHANIC'S LIEN

(Md. Code, Real Property § 9-105; Md. Rule 12-302)

Petitioner [Claimant], by undersigned counsel, petitions this Court to establish a mechanic's lien against the property described below, and in support states:

1. Petitioner. [Claimant], a [corporation / LLC / individual], with address at [________________________________].

2. Respondent owner. [Owner], with address at [________________________________], is the record owner of the property described in paragraph 4.

3. Other respondents. Lender(s) of record and other parties in interest: [________________________________].

4. Description of the land and building.

Street address: [________________________________]
County: [________________________________]
Legal description (or refer to deed Book [____], Page [____], [____] County Land Records, attached as Exhibit A):
[________________________________]
The building is [a single-family residence / commercial structure / multi-family / other: ____].

5. Nature and amount of work / materials furnished, and dates:

First date of work / furnishing: [__/__/____] Last date: [__/__/____]

6. Person for whom work was done. [________________________________], who [is / is not] the owner. [If sub:] Notice of Intention to Claim Lien was served on the owner on [__/__/____] in accordance with RP § 9-104 (Affidavit of Service attached as Exhibit B).

7. Building value enhancement (if repairing, rebuilding, or improving an existing building). The work increased the building's value by at least fifteen percent (15%) under RP § 9-102(a). A newly erected building is a separate route. If the work was by a tenant for life or years or a person employed by the tenant, assess § 9-103(c)(2)'s 25% condition for limiting any established lien to the tenant's interest; it is not a general eligibility threshold.

8. Statutory compliance. All conditions precedent under RP §§ 9-101 through 9-104 have been satisfied.

Affidavit (RP § 9-105(a)(2)). Attached as Exhibit C is the affidavit of Petitioner setting forth the facts upon which Petitioner claims it is entitled to the lien in the amount specified.

Exhibits (RP § 9-105(a)(3)). Original or sworn, certified, or photostatic copies of material papers establishing the lien are attached, including:

☐ Exhibit A — Property description / deed
☐ Exhibit B — Notice of Intention with proof of service (subs only)
☐ Exhibit C — Affidavit in support of petition
☐ Exhibit D — Contract / change orders
☐ Exhibit E — Invoices / payment ledger / delivery tickets

WHEREFORE, Petitioner respectfully requests that this Court:

a. Enter a show-cause order under Md. Rule 12-302(d) directing the Respondents to show cause why a mechanic's lien should not attach to the property;
b. After hearing, enter an order establishing a mechanic's lien against the property in the amount of $[____];
c. Award costs, interest, and attorney's fees where authorized; and
d. Grant such further relief as is just.

Dated: [__/__/____]

Respectfully submitted,

____________________________________
[Attorney Name], AIS / CPF No. [____]
[Firm Name]
[Address] | [Phone] | [Email]
Attorney for Petitioner

Exhibit C — Affidavit in Support of Petition

State of Maryland, [________________________________] County, to wit:

I, [________________________________], being duly sworn, depose and say:

1. I am the [position] of Petitioner and am authorized to make this affidavit.
2. The factual allegations in the Petition are true and correct based on my personal knowledge and the records of Petitioner kept in the ordinary course of business.
3. The exhibits attached to the Petition are true and accurate copies of the originals.
4. The amount of $[____] remains due and owing after all just credits.

____________________________________
Affiant Date: [__/__/____]

Subscribed and sworn before me this [____] day of [____________], [____].

____________________________________
Notary Public — Commission expires: [__/__/____]

Part C — Notice of Filing Lien Claim to Owner / Lender

[Claimant / Counsel Letterhead]

[__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
AND VIA HAND DELIVERY / SHERIFF (as required by show-cause order)

[Owner Name]
[Owner Address]

[Lender Name]
[Lender Address]

Re: Filing of Petition to Establish Mechanic's Lien — [Property Address]
Case No. [____], Circuit Court for [____] County

Dear [Owner] / [Lender]:

Please be advised that on [__/__/____] the undersigned filed a Petition to Establish Mechanic's Lien against the above-referenced property in the Circuit Court for [____] County, Maryland, in the amount of $[____].

The Court has entered a Show Cause Order requiring you to file an Answer and to show cause why a mechanic's lien should not attach to the property. The hearing is currently scheduled for [__/__/____] at [____ a.m./p.m.] in Courtroom [____].

Enclosed are: (1) a copy of the Petition with all Exhibits; (2) a copy of the Show Cause Order; and (3) the original or copies of the previously served Notice of Intention to Claim a Mechanic's Lien.

Maryland law (RP § 9-101 et seq.; Md. Rule 12-302) governs this matter. We strongly recommend that you consult a Maryland attorney promptly.

Sincerely,

____________________________________
[Counsel for Petitioner]

Enclosures: Petition; Show Cause Order; Notice of Intention with Affidavit of Service

Part D — Action to Enforce / Order of Sale

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

Case No. [____]

PETITION IN LIEN PROCEEDINGS TO ENFORCE MECHANIC'S LIEN

(Md. Code, Real Property § 9-109)

1. On [__/__/____], this Court entered a Final Order in [prior case number] establishing Plaintiff's mechanic's lien against the property described in Exhibit A in the amount of $[____].

2. The lien remains unsatisfied in the amount of $[____] plus interest from [__/__/____].

3. Pursuant to RP § 9-109, Petitioner files this petition in the lien proceedings within one year after the petition to establish the lien was first filed, seeking enforcement of the established lien.

4. All necessary parties in interest are joined.

WHEREFORE, Plaintiff prays the Court to:

a. Order the sale of the Property to satisfy the mechanic's lien in the amount of $[____] plus interest, costs, and reasonable attorney's fees where authorized;
b. Appoint a trustee to conduct the sale; and
c. Grant such further relief as is just.

Dated: [__/__/____]

____________________________________
[Attorney Name], AIS / CPF No. [____]
[Firm Name]
[Address] | [Phone] | [Email]

Part E — Pre-Filing Checklist

Eligibility & contract

☐ Property is a "building" subject to lien under RP § 9-102 (private property; not exempt)
☐ Classify new erection separately from an existing building repaired, rebuilt, or improved to at least 15% of its value under § 9-102(a)
☐ For work ordered by a tenant for life or years, assess § 9-103(c)(2)'s 25% tenant-interest provision separately
☐ Claimant is a contractor, subcontractor, supplier, equipment lessor, or other lien-eligible party under RP § 9-101
☐ Written contract or sufficient documentation of agreement and scope

Notice of Intention (Part A) — REQUIRED for subcontractors

☐ Drafted with all required content (amount, kind of work/materials, identification, dates)
☐ Includes the statutory declaration under penalties of perjury and required amount, work, timing, and hiring-person information
☐ Served on the owner within 120 days after the last day of work / furnishing
☐ Service made by registered or certified mail with return receipt, or personal delivery by claimant or agent
☐ Building posted only if notice could not be given due to absence or other causes, within 120 days and before a competent witness (RP § 9-104(e))
☐ Affidavit of service prepared, notarized, and retained

Petition to Establish Lien (Part B)

☐ Filed in the correct Circuit Court within 180 days of last work / furnishing
☐ Petition includes all RP § 9-105(a)(1) information (parties, work, dates, property, sub-notice facts)
☐ Affidavit attached
☐ Originals or certified/photostatic copies of supporting documents attached
☐ Filing fee paid; case docketed in equity
☐ Show Cause Order requested and obtained

Service & hearing

☐ All parties in interest joined (owner, mortgagees, junior lienors)
☐ Petition + Show Cause Order served as directed by the Court
☐ Hearing prepared with witnesses (claimant, project manager) and exhibits (contract, invoices, daily reports)
☐ If owner asserts payment defense, evidence rebutting same prepared

Post-establishment

☐ Final Order Establishing Lien obtained
☐ Recorded copy of the Order in land records (best practice)
☐ One-year enforcement deadline calendared with a 60-day tickler

Documentation

☐ Contracts and change orders
☐ Itemized invoices and payment ledger
☐ Daily reports, delivery tickets, time records, photographs
☐ Title report
☐ Lien waivers issued/received

Sources and References

• Md. Code, Real Property, Title 9, Subtitle 1 (Mechanics' Liens): https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCodeCourtRules?guid=N98B07AE09CC311DB9BCF9DAC28345A2A
• RP § 9-104 (Notice of Intention): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=9-104
• RP § 9-105 (Petition to Establish Lien): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=9-105
• RP § 9-106 (Show cause; hearing): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=9-106
• RP § 9-106 (Show-cause and lien-establishment orders): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=9-106
• RP § 9-109 (Enforcement; one year from filing of lien petition): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=9-109
• Md. Rule 12-302 (Mechanics' Liens): https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCodeCourtRules
• Maryland People's Law Library — Mechanics' Liens: https://www.peoples-law.org/artisans-and-mechanics-liens
• Talbott Lumber Co. v. Tymann, 48 Md. App. 647 (1981)