Legal Question in Real Estate Law in Ohio

Re: Mechanics lien

Dear Inquirer: The Mechanic's Lien laws in Ohio uniformly apply to all counties.

Under the provisions of Ohio�s Mechanic�s Lien laws, an affidavit to obtain a mechanic's lien (other than on residential work) must be filed within 75 days after the contractor or materialman last furnished or provided services or materials. Other important changes now require the filing (recording) of Notice of Commencement ("NOC") by the Owner, and a Notice of Furnishing ("NOF") by each contractor, subcontractor or materialman first per-forms work or supplied materials. Service of this Notice of Furnishing is a mandatory prerequisite to obtaining a valid lien!

The following is a list of the ten (10) most frequent errors noted which may result in invalid liens:

1. Notice of Furnishing (�NOF�) must be served, by Certified Mail within 21 days after beginning work or providing materials. See statutory form, Sect. 1311.05(B). NOF served late relates back only for work and materials provided within 21 days prior to service of NOF. Serve NOF upon owner where contract is with original contractor. Serve NOF upon Owner and original contractor where contract was with a subcontractor. Where NOF not recorded, NOF not required until NOTICE OF COMMENCEMENT ("NOC") is recorded.

2. Failure to serve NOF on Owner, General Contractor and Subcontractor within 21 days of claimant's first work or delivery of materials.

3. Failure to Serve NOF Properly, i.e. by Certified Mail or other means, with signed receipts to support proof of timely, proper service by: (a)Sheriff, or Special Deputy, with formal return required. (b) Certified Mail, Return Receipt Requested. (c)Registered Mail, Return Receipt Requested. (d) Overnight Mail, with U.S. Postal Service Reciept. (e) Messenger,with receipt.(f)FAX,with receipt.(g)FED-X, UPS, etc., with receipt.

4. Willful Misstatement of Amount Due may warrant dismissal of lien, or other sanctions by Court, and expose claimant to potential liability for damages for slander of title by Owner.

5. Failure of Affidavit for Lien, where lien Claimant not sworn, or Affidavit is not properly notarized and sealed, and legal description of property is not included, especially involving condo. Property.

6. Failure of Affidavit which must include date of first labor work performed, or materials furnished; also state last date of work or materials furnished.

7. Untimely recording of Affidavit for Lien; must be filed within 75 days after the contractor or materialman last furnished or provided services or materials.

8. Failure to Serve Affidavit on Owner, Part-Owner, Occupant and all other concerned parties.

9. Failure to Obtain Service with Receipts.

10. Failure to Commence Suit within 60 days after receipt or service of Notice to Commence Suit, may result in dismissal of lien. * * *

Please consult an experienced Attorney to assist, advise and guide you. Good luck. Sincerely, J. Norman Stark