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Notice of Lien

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Notice of Lien Claimed by Persons Other Than the Original Contractor - Individual

Prepared by:

After Recording, Return to:

Notice of Lien Claimed by Persons Other
Than the Original Contractor - Individual

(Ala. Code. § 35-11-218)

COMES NOW, , a party other than the original contractor who has performed labor are furnish material for the improvement of the property described as:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

and would hereby provide notice of the following:

1. The undersigned provided the following labor and that/or materials for the above described property:

See Invoices/Statements Attached as Exhibit B incorporated by reference as though set forth in full

Itemize labor and/or materials furnished:

2. The undersigned is entitled to and hereby provides notice that the undersigned will claim a lien in the amount of $

3. Said lien amount is owed to the undersigned by:

THEREFORE, pursuant to Alabama Code § 35-11-218, after receipt of this Notice, any unpaid balance in the hands of the owner or proprietor shall be held subject to a lien in favor of the undersigned.

Date:

(Signature Lien Claimant)

Certificate of Delivery

I, hereby certify that I have delivered this day a true and correct copy of the foregoing to by:

Personal Service with signed receipt

Mailing a true and correct copy of same by first-class U.S. mail, postage prepaid, return signed receipt requested to:

Other (specify)

So certified this the day of 20

(Signature)

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What a Notice of Lien Is and when it matters

A Notice of Lien is a formal written statement filed by a claimant to declare a legal interest in real property or a construction project because of unpaid labor, materials, or services. The notice identifies the claimant, the debtor or property owner, a description of the property, the amount claimed, and the factual basis for the claim. Filing a notice often preserves statutory lien rights and triggers deadlines for enforcement; however, required content and procedures vary by state and by lien type.

Why filing a Notice of Lien matters

A properly drafted and timely filed Notice of Lien preserves the claimant’s right to enforce payment, provides public notice to buyers and lenders, and can improve leverage in settlement or foreclosure proceedings while meeting statutory prerequisites.

Why filing a Notice of Lien matters

Who typically prepares or benefits from a Notice of Lien

Typical users include contractors, subcontractors, suppliers, and lien claim specialists who need to preserve payment rights.

  • General contractors filing notices to protect unpaid balances on large commercial projects.
  • Subcontractors and suppliers preserving mechanic's lien rights after nonpayment by higher-tier parties.
  • Lien claim attorneys, title companies, and buyers conducting due diligence before closing a property sale.

Representative filing profiles

General Contractor

A contracting firm files a Notice of Lien after payment disputes on a commercial project. The notice typically lists contract dates, amounts owed, and property description to preserve lien rights and to trigger statutory deadlines for enforcement or bonding off the claim.

Material Supplier

A supplier who delivered materials to a construction site and was not paid may file a Notice of Lien. Accurate shipment dates, invoices, and delivery addresses strengthen the claim and help title companies identify encumbrances during closing.

Step-by-step: preparing, signing, and filing a Notice of Lien

Follow these steps to prepare, sign, and file a Notice of Lien correctly and on time to protect rights.

  • 01
    Gather Documents: Collect contracts, invoices, and delivery records.
  • 02
    Confirm Parties: Verify owner, contractor, and legal descriptions.
  • 03
    Complete Form: Enter claimant info, property details, amount, and dates.
  • 04
    File & Serve: File with appropriate office and serve required parties.

Where notices are filed and what happens next

Filing varies by state: many notices are recorded in county land records or served on the debtor; once recorded the notice affects title searches and public filings.

  • Record with County: Submit notice to county recorder or registrar of deeds.
  • Serve Debtor: Provide statutory notice to owner or responsible party.
  • Notify Lenders: Send copies to mortgagees and title company when required.
  • Public Effect: Notice appears in public record and influences closings.

Configuring an electronic workflow for Notice of Lien delivery

Configure an electronic workflow to place fields, assign signers, and automate filing or service where permitted.

Field Configuration
Signer Authentication Email, SMS code, or KBA as permitted
Fields to Place Signature, date, amount, property description fields
Routing Sequential or parallel signer order
Archiving Auto-save signed PDF and certificate

Platform capabilities to support Notice of Lien workflows

Digital filing and e-signature workflows need specific platform capabilities such as secure storage, audit trails, and common file format support.

  • Integrations: Salesforce, NetSuite, Microsoft 365 integrations
  • Formats: PDF, DOCX, and XML supported
  • Authentication: MFA, SSO, and audit logs

Common timeframes and statutory deadlines to watch

Deadlines for filing, serving, and enforcing liens are set by state law; missing deadlines can bar claims.

Preliminary Notice Requirements:

Some states require a pre-lien notice within weeks of first furnishing labor.

Filing Deadline:

Most states require filing within 60–120 days after completion; varies widely.

Service Requirements:

Serve owner and prime contractor per statute; proof of service required.

Enforcement Period:

Statutory period to sue often 1–2 years from filing or notice.

Bonding Off:

Property owners can post bond to remove lien and continue closing.

Penalties and risks from incorrect or improper notices

Late or Missed Filing: Lien rights may be lost.
Incorrect Party: Invalid filings can be voided.
Fraudulent Claim: Exposure to treble damages or sanctions.
Service Failures: Service defects can defeat enforcement.
Title Delay: Closings may be delayed or canceled.
Penalties for False Statements: Civil or criminal penalties possible.

Common preparation mistakes to avoid

  • Failing to verify property owner identity or legal description leads to improperly targeted notices that may be rejected by the recorder or defeated in court.
  • Using vague descriptions or incorrect amounts weakens the claim, invites challenges from title companies, and may prevent enforcement at foreclosure.
  • Not serving required parties or missing statutory notice steps can forfeit lien rights even when the underlying debt is valid.
  • Relying on handwritten signatures without clear attribution or an audit trail complicates electronic enforcement and raises authenticity disputes.

Practical steps to make Notices of Lien more reliable

Adopt clear practices to prepare Notices of Lien that withstand title review and legal scrutiny.

Confirm accurate legal descriptions and ownership
Obtain the parcel's legal description from the deed or county records and verify current owner names. Accurate legal descriptions reduce rejection risk and ensure the lien attaches to the intended property, avoiding costly corrections later.
Document amounts with invoices and change orders
Itemize amounts owed with dated invoices, payment applications, and approved change orders. Include retainage, adjustments, and interest calculations. Detailed accounting reduces disputes, supports the amount claimed, and simplifies title company review during closings.
Comply strictly with notice and service statutes
Follow statutory timelines for preliminary notices, service, and filing. Retain proof of service and receipts from recorders. Noncompliance can extinguish lien rights even when payment is overdue, so follow exact statutory language and delivery methods.
Use secure e-signing and record retention
When permitted, use compliant e-signature workflows with audit trails, TLS encryption, and long-term storage. Keep copies of signed notices, certificates of completion, and recorded entries to support enforcement and defend against challenges in title searches.

Security and compliance essentials for electronic notices

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Detailed timestamp, IP, and action log
Certifications: SOC 2 Type II; ISO 27001; PCI DSS
HIPAA: BAA available for covered entities
ESIGN/UETA: Compliant with ESIGN and UETA
Access Controls: SAML SSO, MFA, role permissions

Cost and feature comparison for eSignature vendors used with Notices of Lien

The table compares starting price and key features for signNow and other common eSignature vendors typically used for Notice of Lien workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Contact vendor Contact vendor Contact vendor Contact vendor
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Real-world examples of Notices of Lien in use

These cases illustrate how Notices of Lien preserved payment rights and reduced title friction in practical workflows.

Martin Properties — Tim Martin

Martin Properties used Notices of Lien to preserve contractors' claims during multiple remote closings and avoid scheduling delays.

  • Filed and recorded electronically.
  • By ensuring each notice included contract dates, parcel identifiers, and supporting invoices, Tim secured priority position on title searches and resolved payment disputes without protracted litigation, improving cash flow and closing timelines.

BIS — Dan Rotelli

BIS integrated recorded notices into its title review process to identify encumbrances earlier in the closing cycle.

  • Automated routing saved time.
  • With consistent documentation and recorded notices attached to project files, the team reduced closing holds and improved collection outcomes while maintaining defensible audit trails.

Frequently asked questions about Notices of Lien

Frequently asked questions address filing requirements, service, e-signatures, notarization, and how to correct common errors in a Notice of Lien.


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