Mechanics Lien Filing Package — Tennessee

Mechanics Lien Filing Package (Tennessee)

Quick-Reference Summary

WARNING: Filing or claiming a willfully exaggerated lien forfeits the entire lien and exposes the claimant to damages, costs, and attorneys' fees under Tennessee common law and T.C.A. § 66-11-139.

Part A — Pre-Lien Notice

A-1. Notice to Owner of Residential Property (Prime Contractor)

NOTICE TO OWNER
(Required by T.C.A. § 66-11-203)

Owner: [OWNER NAME], [OWNER ADDRESS]

Property: [PROPERTY ADDRESS, COUNTY, TN]

Contractor: [PRIME CONTRACTOR NAME], License No. [____]

Delivered this [____] day of [________________], 20[____], by [PRIME CONTRACTOR NAME], Contractor.

The above-captioned contractor hereby gives notice to the owner of the property to be improved, that the contractor is about to begin improving the property according to the terms and conditions of the contract and that under the provisions of the state law (§§ 66-11-101–66-11-141) there shall be a lien upon the real property and building for the improvements made in favor of the above-mentioned contractor who does the work or furnishes the materials for such improvements for a duration of one (1) year after the work is finished or materials furnished.

Contractor signature: ________________________ Date: [__/__/____]

A-2. Notice of Nonpayment (Remote Contractor — REQUIRED MONTHLY)

NOTICE OF NONPAYMENT
(Required by T.C.A. § 66-11-145)

To: [OWNER NAME], [OWNER ADDRESS]
And to: [PRIME CONTRACTOR], [ADDRESS]

Via Certified Mail, Return Receipt Requested

Re: [PROPERTY ADDRESS, COUNTY, TN]

YOU ARE HEREBY NOTIFIED that the undersigned remote contractor, [CLAIMANT NAME], has provided labor, materials, services, equipment, or machinery for the improvement of the above-described real property, that the work was performed under a contract or order with [CONTRACTING PARTY NAME], and that the undersigned has NOT been paid for the following:

The undersigned reserves all rights under T.C.A. § 66-11-101 et seq., including the right to record a Notice of Lien against the property if payment is not promptly received.

Signed: ________________________ [CLAIMANT NAME], by [SIGNER, TITLE]
Date: [__/__/____]

Serve the owner and the prime contractor in contractual privity with the remote contractor by a § 66-11-149 method: registered or certified mail with return receipt requested; hand delivery evidenced by a properly notarized sworn delivery statement; or another commercial delivery service providing written confirmation. Analyze each unpaid furnishing month separately.

Part B — Claim of Mechanics Lien (Sworn Statement / Notice of Lien)

NOTICE OF LIEN / SWORN STATEMENT OF LIEN
(Pursuant to T.C.A. §§ 66-11-112 and 66-11-115)

STATEMENT OF CLAIMANT:

The undersigned hereby gives notice of and claims a lien upon the real property described above, in the principal amount of $[____], for labor, materials, services, equipment, or machinery furnished for the improvement of said property, pursuant to T.C.A. § 66-11-101 et seq.

VERIFICATION (T.C.A. § 66-11-112)

State of Tennessee ) ss. County of [____])

I, [NAME], being first duly sworn upon oath, depose and say: I am the Claimant (or a duly authorized [agent/attorney/officer] of the Claimant) named above; I have read the foregoing Notice of Lien and Sworn Statement, and the matters stated therein are true and correct to the best of my knowledge, information, and belief; the amount claimed is justly due and owing after deducting all just credits and offsets; and (if Claimant is a remote contractor) I have served all required Notices of Nonpayment under T.C.A. § 66-11-145.

Signed: ________________________ [NAME], [TITLE]

Sworn to and subscribed before me this [__] day of [____], 20[__].

Notary Public: ________________________ Commission Expires: [__/__/____]

Record the original with the Register of Deeds in the county where the property is located. Retain certified copy.

Part C — Notice of Filing Lien Claim to Owner

[Date: __/__/____]

To: [OWNER NAME]
[OWNER ADDRESS]

Via Registered/Certified Mail, Return Receipt Requested

Re: Notice of Lien — [PROPERTY ADDRESS]

Dear [OWNER]:

You are hereby notified, pursuant to T.C.A. § 66-11-115 (remote contractor) / § 66-11-112 (prime contractor), that the undersigned [CLAIMANT NAME] claims a mechanics' and materialmen's lien against the above-described real property in the principal amount of $[____], for labor, materials, services, equipment, or machinery furnished for the improvement of said property.

A copy of the Notice of Lien / Sworn Statement of Lien, recorded on [__/__/____] with the [____] County Register of Deeds at Instrument No. [____] / Book [____] Page [____], is enclosed.

[For remote contractors:] The lien shall continue for 90 days from the date of service of this notice in favor of the undersigned, and the undersigned must commence suit within that 90-day period to enforce the lien (T.C.A. § 66-11-115).

[For prime contractors:] The undersigned must commence suit within one (1) year from the date the improvement is completed or abandoned to enforce the lien (T.C.A. § 66-11-106).

Sincerely,

[CLAIMANT NAME], by [SIGNER NAME, TITLE]
[ADDRESS, PHONE, EMAIL]

Enclosure: Recorded Notice of Lien / Sworn Statement.

Part D — Suit to Foreclose

CHANCERY COURT FOR [____] COUNTY, TENNESSEE

No.: [____]
COMPLAINT TO ENFORCE MECHANICS' AND MATERIALMEN'S LIEN

Plaintiff [CLAIMANT], by counsel, alleges:

I. Parties, Jurisdiction, and Venue

1. Plaintiff is a [entity type] organized under the laws of [STATE], with its principal place of business at [ADDRESS], holding Tennessee contractor license No. [____] (if applicable).
2. Defendant [OWNER] is the record owner of certain real property located at [PROPERTY ADDRESS], [____] County, Tennessee, more particularly described on Exhibit A.
3. Defendant [PRIME CONTRACTOR] was the prime contractor for improvements to the Property.
4. Venue and subject-matter jurisdiction are proper in this Court under T.C.A. §§ 16-11-101 (Chancery Court jurisdiction) and 66-11-126 because the Property is situated in [____] County.

II. Facts

5. On [__/__/____], Plaintiff entered into a contract with [CONTRACTING PARTY] to furnish [DESCRIPTION] for the improvement of the Property.
6. Plaintiff first furnished labor/materials on [__/__/____] and last furnished on [__/__/____].
7. The improvement was completed (or abandoned) on [__/__/____].
8. [Remote contractor only:] Plaintiff served Notices of Nonpayment under T.C.A. § 66-11-145 on the following dates: [LIST DATES], by certified mail, return receipt requested.
9. Plaintiff is owed a principal balance of $[____], plus interest from [__/__/____].
10. On [__/__/____], within 90 days of completion/abandonment, Plaintiff recorded a Notice of Lien / Sworn Statement of Lien with the [____] County Register of Deeds at Instrument No. [____].
11. [Remote contractor only:] On [__/__/____], within 90 days of completion/abandonment, Plaintiff served the Notice of Lien on the Owner by registered/certified mail, return receipt requested, in compliance with T.C.A. § 66-11-115.
12. This Complaint is filed within the applicable enforcement period: [one year of completion under § 66-11-106 (prime contractor) / 90 days of serving Notice of Lien under § 66-11-115 (remote contractor)].

III. Claim for Enforcement of Lien

13. Plaintiff incorporates the foregoing.
14. Plaintiff has duly perfected a valid mechanics' and materialmen's lien against the Property and is entitled to a decree fixing the amount of the lien, declaring its priority, and directing sale of the Property to satisfy the lien in the principal amount of $[____], plus interest, costs, and attorneys' fees as allowed by law.

IV. Claim for Breach of Contract (against [CONTRACTING PARTY])

15. Plaintiff incorporates the foregoing.
16. [CONTRACTING PARTY] breached the contract by failing to pay $[____] due and owing, causing direct damages in that amount.

V. Prayer for Relief

WHEREFORE, Plaintiff prays:

a. That the Court adjudicate the validity, priority, and amount of Plaintiff's mechanics' and materialmen's lien against the Property in the sum of $[____] plus interest from [__/__/____];
b. That the Property be sold and the proceeds applied to satisfaction of the lien;
c. That judgment be entered against [CONTRACTING PARTY] for breach of contract;
d. That Plaintiff be awarded costs and attorneys' fees as allowed by law;
e. For such other and further relief as the Court deems just.

[ATTORNEY NAME, BPR NO.]
[FIRM, ADDRESS, PHONE, EMAIL]
Attorneys for Plaintiff
Date: [__/__/____]

File Notice of Lis Pendens (T.C.A. § 20-3-101) with the Register of Deeds concurrently with the Complaint.

Part E — Pre-Filing Checklist

☐ Confirm contractor licensure where applicable (T.C.A. § 62-6-101 et seq.); unlicensed contractors are barred from monetary judgment beyond actual documented expenses
☐ Identify whether Claimant is a prime contractor (in privity with owner) or remote contractor
☐ For a covered residential prime contractor: deliver § 66-11-203 Notice to Owner before making the contract and before commencing the improvement
☐ For a covered remote contractor: serve Notices of Nonpayment within 90 days after the last day of each unpaid furnishing month supporting an intended lien (T.C.A. § 66-11-145)
☐ Retain certified mail receipts and return receipts for all Notices of Nonpayment
☐ Identify date improvement was completed or abandoned
☐ Calendar 90-day Notice of Lien / Sworn Statement deadline
☐ Confirm correct Register of Deeds office (situs of property)
☐ Title search confirming record owner, lender, prior encumbrances, and other lien claimants
☐ Compute claim amount; deduct payments, credits, retainage, and waived amounts
☐ Prepare Notice of Lien / Sworn Statement of Lien containing items required by § 66-11-112
☐ Notarize sworn statement
☐ Record original with Register of Deeds; obtain Instrument No. / Book and Page
☐ Serve Notice of Lien on Owner by registered/certified mail (remote contractor) within 90 days of completion (T.C.A. § 66-11-115)
☐ Calendar enforcement deadline: 1 year (prime) under § 66-11-106 / 90 days from service of Notice of Lien (remote) under § 66-11-115
☐ Prepare Complaint to be filed in Chancery Court with Notice of Lis Pendens (§ 20-3-101)
☐ Confirm lien amount is not exaggerated (avoid forfeiture and damages exposure)
☐ Confirm no valid lien waiver previously signed for the claimed work
☐ Confirm § 66-11-146 residential limitations do not bar remote contractor claim

Sources and References

• T.C.A. § 66-11-101 et seq. (Mechanics' and Materialmen's Lien Law): https://law.justia.com/codes/tennessee/title-66/chapter-11/
• T.C.A. § 66-11-106 (Lien of prime contractor; duration): https://law.justia.com/codes/tennessee/title-66/chapter-11/part-1/section-66-11-106/
• T.C.A. § 66-11-112 (Notice of lien required; recording): https://codes.findlaw.com/tn/title-66-property/tn-code-sect-66-11-112/
• T.C.A. § 66-11-115 (Liens by remote contractors): https://law.justia.com/codes/tennessee/title-66/chapter-11/part-1/section-66-11-115/
• T.C.A. § 66-11-112(a) (Sworn statement; place and time of recording)
• T.C.A. § 66-11-126 (Methods of enforcement)
• T.C.A. § 66-11-143 (Notice of completion)
• T.C.A. § 66-11-139 (Forfeiture for exaggerated lien)
• T.C.A. § 66-11-145 (Notice of nonpayment by remote contractors): https://law.justia.com/codes/tennessee/title-66/chapter-11/part-1/section-66-11-145/
• T.C.A. § 66-11-146 (Residential 1-4 family limitation)
• T.C.A. § 66-11-203 (Residential Notice to Owner)
• Tennessee Public Chapter 189 (2007) (official enacted lien-law rewrite and repeal of § 66-11-117): http://www.capitol.tn.gov/Bills/105/Chapter/PC0189.pdf
• Tennessee Public Chapter 749 (2020), § 12 (official enacted replacement of § 66-11-203): https://publications.tnsosfiles.com/acts/111/pub/pc0749.pdf
• Tennessee Courts — Chancery Courts: https://www.tncourts.gov/courts/chancery-courts