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Verified Notice of Intention to Claim Mechanics Lien

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VERIFIED NOTICE OF INTENTION TO CLAIM MECHANIC'S LIEN - CORPORATION

(N.D.S. § 35-27-05)

Prepared by, recording requested by and return to:

Name:

Company:

Address:

City:

State: Zip:

Phone:

Fax:

Above this Line for Official Use Only

COMES NOW, , a as a representative of corporation who has a contract for the improvement of land in accordance with N.D.S. § 35-27-02, and hereby provides notice of the following:

1. is in possession of the real property located at and described as

2. The undersigned contracted with on (date) to provide the following improvements to the above-described real property

3. The undersigned completed the above-described improvements on (date). There remains due, owing and unpaid on the contract the sum of as of (date), and a % late payment charge each month thereafter, if applicable.

4. The undersigned will perfect a mechanic's lien against the building, improvement or premises according to law unless the account is paid within fifteen (15) days of the date of this Notice.

Dated

Signature

Type or Print Name

Title

Corporation

Attest:

Secretary

I, , do hereby swear or affirm that the matters alleged and things contained in the above Verified Notice of Intention to Claim Mechanic's Lien are true and correct to the best of my knowledge, information, and belief.

Affiant

STATE OF NORTH DAKOTA

COUNTY OF

The foregoing instrument was acknowledged before me this day of , 20 by (name of officer or agent and title of officer or agent) of (name of corporation acknowledging), a corporation, on behalf of the corporation.

Notary Public

Printed Name:

My Commission Expires:

Verified Notice of Intention to Claim Mechanic's Lien

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What the Verified Notice of Intention to Claim Mechanics Lien Is

A Verified Notice of Intention to Claim a Mechanics Lien is a formal, sworn notification used by contractors, subcontractors, or suppliers to announce an intent to record a mechanics lien for unpaid labor or materials provided on a construction project. The notice is typically signed under penalty of perjury, includes the claimant's identifying details, the amount owed, the property description, and job dates, and in many jurisdictions is a required step before filing a lien or commencing enforcement.

Why a Verified Notice Matters for Lien Rights

Serving a verified notice preserves lien rights, creates an evidentiary record, and often meets statutory prerequisites that allow later lien filing or foreclosure.

Why a Verified Notice Matters for Lien Rights

Who Typically Prepares and Receives This Notice

Common parties preparing or receiving a Verified Notice of Intention to Claim a Mechanics Lien include claimants on private construction projects and their contract administrators.

  • General contractors and subcontractors seeking to preserve lien rights when payments are overdue.
  • Material suppliers and equipment lessors who provided goods used in construction.
  • Property owners, lenders, and title companies who need advance notice of potential encumbrances.

The notice is an early-stage legal communication; parties should confirm roles and delivery requirements under the controlling state statute before serving or relying on the notice.

Step-by-step: Completing the Verified Notice

Follow a consistent sequence to prepare a compliant verified notice and reduce the risk of rejection or dispute.

  • 01
    Identify Parties: List claimant, property owner, and contract party names exactly.
  • 02
    Describe Work: Summarize labor or materials provided with concise dates.
  • 03
    State Amount Due: Enter the unpaid principal amount, excluding speculative future charges.
  • 04
    Verify and Sign: Sign under penalty of perjury and include notarization if required.

Essential Data Elements Required in the Notice

Claimant Identity: Full legal name
Claim Amount: Principal owed
Property Info: Address or legal description
Work Dates: Start and completion
Contract Details: Contract date or PO number
Verification: Signed under penalty

Key Sections a Professional Verified Notice Should Include

A well-structured verified notice groups information for clarity and legal sufficiency; include all sections below to reduce disputes.

Header

Clear title such as 'Verified Notice of Intention to Claim Mechanics Lien' and the date; identifies the document purpose for recipients and recorders.

Claimant Details

Full legal name, business entity type, contact information, and mailing address so recipients and clerks can confirm the claimant identity.

Property Description

Street address, parcel number, or legal description used by the recorder to associate the notice with the correct real property.

Summary of Work

Concise description of labor, materials, contract value, and dates of performance to establish basis for the claim.

Amount Due

Specific unpaid balance with calculation notes, retainage, and any credits to show how the claim was computed.

Verification & Notary

A sworn statement signed by an authorized representative and notarized if state law requires such authentication.

Where to File, Send, and Serve the Notice

Delivery and filing points vary by jurisdiction; the typical destinations are shown below.

  • Recorders Office: File with county recorder or clerk for indexation.
  • Property Owner: Serve owner per statutory address and method.
  • Prime Contractor: Provide notice to the contracting party if required.
  • Lender or Title Company: Notify mortgagee or title insurer when statute requires.

Digital Preparation and eSubmission Considerations

Ensure electronic copies preserve signatures, timestamps, and a verifiable audit trail when preparing or sending notices online.

  • File Formats: PDF or searchable DOCX
  • Authentication: Email, SMS, or stronger
  • Audit Trail: Timestamps and IP

Use platforms that support secure storage, tamper-evident signed PDFs, and exportable audit reports to preserve record integrity for potential enforcement or litigation.

Configuring an Online Verified Notice Workflow

Typical online workflows include fields, signer roles, authentication, and filing exports; configure each to match statutory needs.

Field Configuration
Document Template Preload required fields for consistency
Signer Authentication Select email, SMS, or ID check
Conditional Fields Show fields when certain roles apply
Export Options PDF/A with audit trail attached

Timing: Typical Deadlines and Statutory Windows

Deadlines for notice and lien filing vary by state; confirm controlling statute before acting to avoid forfeiting rights.

Pre-lien Notice Window:

Many states require service 10–60 days before filing

Lien Filing Deadline:

Statutory filing often 60–180 days after last work

Foreclosure Limit:

Enforcement period varies; review state statute

Notary Retention:

Some states require recorded notarization on filing

Service Proof:

Keep delivery receipts or certified mail records

Key Milestones from Notice to Lien Enforcement

A sequential view helps track statutory windows and prepare supporting evidence for each stage.

01

Preliminary Notice

Give owner and lender early notice where required by state law.

02

Serve Verified Notice

Serve the sworn notice to required parties within the statutory window.

03

Record Mechanics Lien

File the lien at the county recorder for property encumbrance.

04

Enforce or Foreclose

Initiate foreclosure or suit before enforcement period expires.

Common Penalties and Legal Risks of an Incorrect Notice

Loss of Lien Right: Failure to comply
Statute of Limitations: Missed enforcement window
Invalid Service: Improper delivery method
Perjury Exposure: False verification risks
Offset Claims: Counterclaims from owner
Attorney Costs: Increased litigation expense

Frequent Preparation Errors to Avoid

  • Using an incorrect legal property description or missing parcel number that causes the recorder to reject the notice or link it to the wrong parcel.
  • Entering claimant names that differ from the entity on contract documents or tax records, which can defeat enforcement of the lien.
  • Failing to check state-specific notarization, witness, or verification language requirements leading to statutory noncompliance.
  • Relying on informal delivery without proof of service such as certified mail receipts or process server affidavits required by statute.

Practical Tips for Accurate and Efficient Notice Preparation

Adopt consistent procedures and documentation to improve notice accuracy and reduce downstream disputes.

Confirm Contract Details
Verify contract dates, parties, and payment terms against job records; this prevents mismatches that can invalidate a notice and keeps calculations defensible in litigation.
Document Deliveries
Use certified mail or a process server and retain receipts or service affidavits; proof of service is frequently decisive when enforcing or contesting a notice.
Maintain an Audit Trail
Preserve signed PDFs, notarizations, emails, and payment records in a tamper-evident system to support chain-of-custody if contested in court or during title searches.
Use Standardized Templates
Templates reduce errors and speed preparation; ensure templates reflect state-specific statutory language and are reviewed periodically by counsel for changes.

Real-world Scenarios Where a Verified Notice Helped Preserve Rights

These case examples show how a timely verified notice can change the outcome of a payment dispute.

Case Study 1

A subcontractor on a residential project documented unpaid invoices and served a verified notice within the statutory window.

  • The owner disputed only part of the claim.
  • The verified notice enabled timely lien filing, which led to a negotiated partial payment and avoided costly foreclosure proceedings while preserving the subcontractor's priority.

Case Study 2

A materials supplier sent a verified notice after multiple billing cycles and documented deliveries.

  • The supplier presented delivery logs and signed tickets.
  • The recorded notice prompted the lender to place disputed funds in escrow, allowing the supplier to recover the outstanding balance without prolonged litigation.

eSignature Options for Completing and Signing Verified Notices

Compare typical vendor pricing and capabilities relevant to preparing, signing, and storing verified notices and supporting documents.

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 7-day free trial Trial available Trial available Trial available Trial available
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Verified Notices

Answers to common practical and legal questions when preparing or contesting a Verified Notice of Intention to Claim a Mechanics Lien.


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