Mechanics Lien Filing Package — Minnesota

Mechanics Lien Filing Package (Minnesota)

Quick-Reference Summary

Part A — Pre-Lien Notice

Option 1 — Pre-Lien Notice by Subcontractor/Supplier to Owner (Minn. Stat. § 514.011, subd. 2)

TO: [OWNER NAME]
[OWNER ADDRESS]

RE: Property at [STREET ADDRESS], [CITY], [COUNTY] County, Minnesota
Legal description: [LEGAL or "see Exhibit A"]

The undersigned, [CLAIMANT NAME] ("Claimant"), has furnished or is furnishing labor, skill, or materials for the improvement of the above-described property. This notice is given pursuant to Minn. Stat. § 514.011, subd. 2.

NOTICE TO OWNER

"(a) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.

(b) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT, UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIALS FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE."

Service: ☐ Personal delivery on [__/__/____] ☐ Certified mail, return receipt requested, postmarked [__/__/____]

Option 2 — Pre-Lien Notice by Direct Contractor (Minn. Stat. § 514.011, subd. 1)

TO BE INCLUDED IN THE WRITTEN CONTRACT WITH THE OWNER, OR DELIVERED TO THE OWNER WITHIN TEN (10) DAYS OF EXECUTION OF THE CONTRACT.

NOTICE TO OWNER

"(a) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.

(b) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT, UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIALS FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE."

Acknowledged: Owner signature ____________________ Date [__/__/____]

Part B — Claim of Mechanics Lien

Mechanics' Lien Statement (Minnesota — Minn. Stat. § 514.08)

Recording requested by / Return to:
[CLAIMANT NAME]
[ADDRESS]

(Space above for Recorder's / Registrar's use)

I. Notice of Intention to Claim and Hold a Mechanics' Lien

Pursuant to Minnesota Statutes Chapter 514, the undersigned gives notice of its intention to claim and hold a mechanics' lien upon the real estate described below.

II. Claimant

III. Owner / Reputed Owner

IV. Person With Whom Claimant Contracted

V. Description of Property

VI. Description of Contribution

[DESCRIBE LABOR, SKILL, OR MATERIALS FURNISHED]

VII. Amount Claimed

VIII. Pre-Lien Notice Compliance (§ 514.011)

☐ Claimant is a direct contractor and the § 514.011, subd. 1 notice was provided in the written contract, or delivered to the owner within 10 days of execution.
☐ Claimant is a subcontractor/supplier and served the § 514.011, subd. 2 notice on the owner on [__/__/____], which is within 45 days of first furnishing.
☐ Pre-lien notice not required because: [STATE EXEMPTION — e.g., § 514.011(4a) commercial improvement exemption].

IX. Verification

State of Minnesota )
) ss.
County of [COUNTY] )

[NAME], being first duly sworn on oath, deposes and states that he/she is the Claimant or authorized agent of Claimant; that he/she has read the foregoing Lien Statement and knows its contents; that the same is true of his/her own knowledge except as to matters stated on information and belief, and as to those, believes them to be true.

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

Notary: ________________________________ My commission expires: [__/__/____]

[NOTARY SEAL]

Exhibit A — Legal Description

[FULL LEGAL DESCRIPTION; if Torrens, attach Certificate of Title number]

Part C — Notice of Filing Lien Claim to Owner

Service of Mechanics' Lien Statement on Owner (Minn. Stat. § 514.08(1))

TO: [OWNER NAME]
[OWNER ADDRESS]

Date: [__/__/____]

Enclosed is a true and correct copy of a Mechanics' Lien Statement filed by the undersigned on [__/__/____] with the [☐ County Recorder / ☐ Registrar of Titles] of [COUNTY] County, Minnesota, Document No. [_____], covering the real estate located at [PROPERTY ADDRESS].

The lien is in the principal amount of $[AMOUNT], plus interest, costs, and statutorily authorized attorney fees.

This service is made pursuant to Minn. Stat. § 514.08(1), which requires that a copy of the lien statement be served on the owner (or the owner's authorized agent or the person who entered into the contract with the contractor) within 120 days after the last item of the claimant's contribution to the improvement.

Service is made by [☐ personal delivery / ☐ U.S. certified mail, return receipt requested] to the last-known address of the addressee.

Demand for Payment. Claimant demands payment of the unpaid balance within fifteen (15) days. If unpaid, Claimant will commence an action to foreclose the lien within the one-year period prescribed by Minn. Stat. § 514.12.

Enclosure: Recorded Mechanics' Lien Statement

Affidavit of Service (optional — for proof)

State of Minnesota )
) ss.
County of [COUNTY] )

[AFFIANT NAME], being duly sworn, deposes and says: On [__/__/____], I served the foregoing Mechanics' Lien Statement on [OWNER] by [☐ personal delivery / ☐ U.S. certified mail, return receipt requested] at [ADDRESS]. The certified mail receipt and/or return receipt is attached.

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

Notary: ________________________________ My commission expires: [__/__/____]

Part D — Suit to Foreclose

District Court Caption

Complaint to Foreclose Mechanics' Lien

Plaintiff [CLAIMANT], for its Complaint against Defendants, alleges:

1. Plaintiff is [ENTITY TYPE] organized under the laws of [STATE], with its principal place of business at [ADDRESS].
2. Defendant [OWNER] is the record owner of the property described in paragraph 5.
3. Other Defendants are joined because they claim or may claim an interest in the Property as mortgagees, lienors, judgment creditors, or otherwise.
4. The Property is located in [COUNTY] County, Minnesota, at [ADDRESS], and is legally described in Exhibit A.
5. Between [__/__/____] and [__/__/____], Plaintiff furnished labor, skill, or materials for the improvement of the Property at the request of [HIRING PARTY], having reasonable value of $[AMOUNT], no part of which has been paid except [$AMOUNT or "nothing"].
6. Plaintiff complied with Minn. Stat. § 514.011 by [☐ delivering the statutory pre-lien notice in the written contract with the Owner / ☐ serving the statutory pre-lien notice on the Owner on [__/__/____], within 45 days of first furnishing / ☐ qualifying for an exemption under § 514.011(4)].
7. On [__/__/____], Plaintiff filed a verified Mechanics' Lien Statement with the [Recorder / Registrar of Titles] of [COUNTY] County as Document No. [_____], and served a copy on the Owner — both within 120 days of last contribution under Minn. Stat. § 514.08.
8. This action is commenced within one year of the last item of Plaintiff's contribution, as required by Minn. Stat. § 514.12.
9. A Notice of Lis Pendens is being recorded contemporaneously with this Complaint.

WHEREFORE, Plaintiff demands judgment:

• Adjudging the lien valid in the principal amount of $[AMOUNT], plus interest, costs, disbursements, and attorney fees as allowed by Minn. Stat. § 514.14;
• Directing foreclosure and sale of the Property by the sheriff;
• Determining the priorities of all liens and encumbrances;
• For a personal/deficiency judgment against [LIABLE PARTY] for any shortfall;
• For such further relief as the Court deems just.

Notice of Lis Pendens (recorded with County Recorder / Registrar of Titles)

Notice is hereby given that an action has been commenced and is pending in the District Court of [COUNTY] County, Minnesota, by [PLAINTIFF] against [DEFENDANTS], Court File No. [_____], affecting the real property described in Exhibit A, in which Plaintiff seeks to foreclose a mechanics' lien filed [__/__/____] as Document No. [_____].

Part E — Pre-Filing Checklist

☐ Confirm whether project is residential, commercial, or owner-occupied multi-family — affects § 514.011 exemptions
☐ Identify whether Claimant is direct contractor (subd. 1 notice) or sub/supplier (subd. 2 notice)
☐ Calendar first date of furnishing
☐ Subs/suppliers: serve § 514.011, subd. 2 notice within 45 days of first furnishing — TODAY if approaching deadline
☐ Direct contractors: confirm subd. 1 notice in contract or delivered within 10 days
☐ Retain proof of service (return receipts, signed delivery slips)
☐ Confirm whether land is Abstract or Torrens — controls filing office
☐ Calendar 120-day deadline from last furnishing for BOTH filing AND service of lien statement
☐ Calendar 1-year foreclosure deadline (§ 514.12)
☐ Pull legal description (Torrens: certificate number)
☐ Compute lien amount net of just credits and offsets
☐ Verify lien statement under oath before notary
☐ File with County Recorder (abstract) or Registrar of Titles (Torrens)
☐ Personally serve OR certified-mail the lien statement on owner within 120 days
☐ Send Part C cover notice to owner
☐ Diary 1-year suit deadline; record lis pendens with complaint
☐ Track any owner bond filed under § 514.14
☐ Have a Minnesota-licensed attorney review before filing

Sources and References

• Minn. Stat. § 514.011 (Pre-lien notice): https://www.revisor.mn.gov/statutes/cite/514.011
• Minn. Stat. § 514.08 (Filing): https://www.revisor.mn.gov/statutes/cite/514.08
• Minn. Stat. Ch. 514 (full): https://www.revisor.mn.gov/statutes/cite/514
• Levelset Minnesota lien guide: https://www.levelset.com/mechanics-lien/minnesota-lien-law-faqs/
• Lommen overview of MN mechanics' liens: https://lommen.com/mechanics-liens-in-minnesota-how-contractors-and-subcontractors-protect-their-right-to-payment/
• Fryberger Law Firm overview: https://fryberger.com/articles/minnesota-mechanics-liens/