Mechanics Lien Filing Package — Maryland

Mechanics Lien Filing Package (Maryland)

Quick-Reference Summary

The 120-day and 180-day periods are measured from the claimant's work or furnishing of materials under RP §§ 9-104 and 9-105.

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 — Sworn Complaint to Establish Mechanic's Lien

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

Case No. [____]

COMPLAINT TO ESTABLISH MECHANIC'S LIEN

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

Plaintiff [Claimant], by undersigned counsel, files this sworn complaint to establish a mechanic's lien against the property described below, and states:

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

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

3. Other defendants joined, if any. Lender(s) of record and other parties in interest: [________________________________].

4. Description of the land and building.

Street address: [________________________________]
County: [________________________________]
Is any part of the land in another county? ☐ No ☐ Yes — identify the county and portion: [________________________________]
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: ____], further identified by [________________________________].

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

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

If this claim covers separate buildings on separate lots or parcels owned by the same person, identify each building and the amount claimed against it: [________________________________].

6. Person for whom work was done. [________________________________], who [is / is not] the owner. [If subcontractor:] Notice of Intention to Claim Lien was given to the owner on [__/__/____] by [REGISTERED MAIL WITH RETURN RECEIPT / CERTIFIED MAIL WITH RETURN RECEIPT / PERSONAL DELIVERY BY CLAIMANT OR AGENT / AUTHORIZED POSTING]. If posted, ordinary notice could not be given because [FACTS], and [WITNESS] was present. Notice and proof are attached as Exhibit B.

7. Building and value. ☐ The building was newly erected. ☐ The existing building was repaired, rebuilt, or improved to the extent of at least 15% of its value under RP § 9-102(a): [VALUE FACTS AND SUPPORTING EXHIBIT]. ☐ The work was performed by a tenant for life or years, or a person employed by the tenant; the facts about the tenant's interest and the 25% condition in § 9-103(c)(2) are [FACTS AND EXHIBIT].

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 Plaintiff setting forth the facts upon which Plaintiff 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. If any material paper is absent, explain its absence in Exhibit C's affidavit: [________________________________].

☐ Exhibit A — Property description / deed
☐ Exhibit B — Notice of Intention with proof of service (subs only)
☐ Exhibit C — Verification and supporting affidavit
☐ Exhibit D — Contract / change orders
☐ Exhibit E — Invoices / payment ledger / delivery tickets

WHEREFORE, Plaintiff respectfully requests that this Court:

a. Enter a show-cause order under Md. Rule 12-304(b)(1) directing the Defendants to show cause why a mechanic's lien should not attach to the property;
b. After the required proceedings, 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 Plaintiff

Exhibit C — Verification and Supporting Affidavit

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

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

1. I am the [position] of Plaintiff and am authorized to make this affidavit.
2. I have read the Complaint, verify it under oath, and state that its factual allegations are true and correct based on my personal knowledge and the records of Plaintiff kept in the ordinary course of business.
3. The exhibits attached to the Complaint are true and accurate copies of the originals.
4. The amount of $[____] remains due and owing after all just credits.
5. Any material papers not attached are [IDENTIFY OR STATE "NONE"]. Their absence is explained by [REASON OR "NOT APPLICABLE"].

____________________________________
Affiant Date: [__/__/____]

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

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

Part C — Cover Letter for Complaint and Show-Cause Order

[Claimant / Counsel Letterhead]

[__/__/____]

Service method used under the show-cause order, Md. Rule 12-304(b)(2), and Rule 2-121: [________________________________]

This letter accompanies service of the order, complaint, and exhibits. If service is by certified mail under Rule 2-121(a), request restricted delivery showing the recipient, date, and delivery address.

[Owner Name]
[Owner Address]

[Lender Name]
[Lender Address]

Re: Complaint 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 Complaint 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 Complaint 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 Plaintiff]

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

Part D — Motion to Enforce Established Lien

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

Case No. [____]

MOTION TO ENFORCE MECHANIC'S LIEN

(Md. Code, Real Property § 9-109; Md. Rule 12-305)

1. This is the original action in which Plaintiff filed the complaint to establish the lien on [__/__/____]. On [__/__/____], this Court entered a judgment establishing Plaintiff's mechanic's lien against the land described in Exhibit A in the amount of $[____].

2. The established lien remains unsatisfied in the amount of $[____], plus any interest awarded in the judgment: $[____].

3. Plaintiff files this motion in the original action within one year after filing the complaint to establish the lien, as required by RP § 9-109 and Rule 12-305(a).

4. The amount now due on the established lien is supported by [PAYMENT RECORDS / ACCOUNTING], attached as Exhibit [____].

WHEREFORE, Plaintiff prays the Court to:

a. Enter an order directing sale of the land unless the amount found due is paid by a date no more than 30 days after the order, under Rule 12-305(b);
b. Direct that any sale proceed under the rules governing judicial sales; and
c. Grant any other relief supported by the judgment and applicable law.

Dated: [__/__/____]

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

Certificate of service (Md. Rule 1-323): I certify that on [__/__/____], I served this motion and its exhibits on [PARTY OR COUNSEL NAME] by [METHOD] at [ADDRESS OR ELECTRONIC SERVICE DETAILS].

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

Part E — Pre-Filing Checklist

Eligibility & contract

☐ Property and work fall within RP § 9-102's lien coverage
☐ 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's work or materials fall within RP § 9-102; classify contractor or subcontractor under § 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

Sworn Complaint to Establish Lien (Part B)

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

Service & hearing

☐ Owner named as defendant; any other interested person joined if appropriate under Md. Rule 12-302(c)
☐ Complaint + exhibits + 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
☐ Judgment establishing the lien retained with the case and title records
☐ 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
• Md. Rules 12-304, 12-305, 2-121, and 1-323: 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