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Mechanics Liens: Will zlien Sign My Lien Claim for Me?

Posted by Devin Anderson

5/15/18 11:00 AM

signature-changes

zlien is compliant with every state’s lien and notice requirements, and, in most cases, we are capable of notarizing your document (if necessary) and signing it on your behalf as an authorized agent.

When you order a document through zlien and agree to our Terms of Use, you agree that zlien is serving as your agent.  For the purposes of signing and filing your ordered document only, you appoint the company and its employees and agents as your agent and/or your company’s agent.

There are, however, a few states in which zlien cannot act as an authorized agent. In those states, the lien claim must be signed by the claimant themselves. In those states, zlien will send you paperwork to sign and notarize (if applicable), as well as all of the materials needed to send off to the associated government office for recording.

THE FIVE STATES WHERE ZLIEN CANNOT SIGN ON THE CLAIMANTS BEHALF

In addition to needing the claimant’s original signature, these five states also have their own unique requirements on getting a mechanic's lien filed:

Ohio

Pursuant to Ohio's Construction Lien Laws, the state requires the claimant’s original signature on field documents. In addition to this, while most of the state allows for electronic recording, there are a few counties that still mandate the physical copy be mailed in for filing.

Vermont

As with Ohio, according to Vermont's Construction Lien Law, the state also requires the claimant’s original, wet signature. Filed documents such as mechanics liens and lien releases are also recorded in the specific town of the property, not the county.

Connecticut

Sticking to the theme, Connecticut also requires a claimant’s original signature. Interestingly, because of its size, the state has one statewide fee. Just like in Vermont, filed documents are recorded in the specific town of the property, not the county.

New Jersey

Here is where things become a bit delicate. In addition to requiring an original signature from the claimant, each county in the state requires a specific cover sheet. Otherwise, the claim stands a good chance of being rejected by the clerk. The majority of counties in the state demands the physical document to be mailed in to them for recording, while there are a few that allow for electronic recording.

New York

New York has an interesting exception. zlien can sign on the claimant’s behalf, but we must include a signed authorization (called an ATS).  By signing this document, the claimant provides zlien, Inc., d/b/a zlien, a Louisiana corporation, with the authority to sign the Notice of Mechanics Lien on its behalf as its authorized representative. Some counties and boroughs in the state require the claimant’s original signature on the ATS, while others do not. Because of this rule, sometimes the document can be sent to you digitally to sign, and other times it will need to be sent to you via Fedex.

WHAT SHOULD I DO IF I NEED TO PROVIDE ORIGINAL SIGNATURE?

If the project the lien is being placed on is in one of the states that requires original signature, zlien will provide you with all of the materials to sign and send off to the associated government office for recording via a Fedex Overnight package - including the recording fee!

  1. Sign both copies of the document and notarize (if applicable). Scan the document and email it to us at mail@zlien.com
  2. Place the signed documents in the manila folder that is addressed to the county, making sure to keep the white envelope and check inside - that is a check covering the recording fees.
  3. Drop off the sealed manila envelope to a FedEx facility or call 1.800.43639 to schedule a pick up.  

It’s that easy!


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Topics: Best Practices, communicate, procedure, mechanics lien