The Short Answer: We do not file mechanics liens in Maryland because Maryland law requires a formal court proceeding to create a lien, not a county recording.
Handle can assist with preliminary notice requirements that occur before the lien is filed, including the subcontractor Notice of Intent required under §9-104. We cannot assist with the lien itself, which must be handled by a Maryland-licensed attorney.
How Maryland Differs From Most States
In most states, filing a mechanics lien means preparing a claim document and recording it with the county recording office where the property is located. The county accepts the filing, stamps it, and enters it into the public record. The lien exists from that moment.
Maryland does not use this system. Under Maryland law, a lien does not exist until a court creates it. A claimant cannot simply record a document and have a lien attach to property. The lien can only be established through a court proceeding, after a formal petition is filed and the owner has had an opportunity to respond.
Why Legal Representation Is Required
Our platform is built around the recording-based process used in the majority of U.S. states: we prepare accurate lien documents, ensure they meet statutory requirements, and submit the filing to the appropriate county office within the required deadlines. Preparing and filing a verified court petition, serving a show cause order on the property owner, and presenting evidence at a hearing constitutes the practice of law. Non-attorney services are legally prohibited from initiating or managing court proceedings on behalf of another individual or business.
What the Maryland Lien Process Involves
Securing a lien in Maryland requires strict adherence to the procedures set out in Maryland Code, Real Property §§ 9-104, 9-105, and 9-106:
- Subcontractor Notice of Intent: Before a lien can be established, a subcontractor must give written notice of intention to claim a lien to the property owner. For most buildings, this notice must be given within 120 days after doing the work or furnishing the materials. For a single family dwelling being erected on the owner’s land for the owner’s own residence, the notice must also be given before the owner has made full payment to the contractor (§9-104(a)).
- Court Petition: To establish a lien, a claimant must file proceedings in the circuit court for the county where the property is located within 180 days after the work has been finished or the materials furnished. The filing must include a petition setting forth the parties, the nature of the work, the amount claimed, and a description of the land; an affidavit by the petitioner; and copies of the material papers supporting the claim (§9-105(a)).
- Show Cause Process: When a petition is filed, the court reviews the pleadings and, if it determines the lien should attach, issues an order directing the owner to show cause within 15 days why a lien should not attach. The owner has the right to appear, present evidence, or file a counteraffidavit (§9-106(a)).
- Court Hearing: If the owner contests the claim, the matter is set for hearing. The court then either enters a final order establishing or denying the lien, or, where there is probable cause but a genuine dispute remains, enters an interlocutory order establishing the lien subject to further proceedings (§9-106(b)).
- Enforcement Deadline: The right to enforce a lien established under this process expires one year from the day the petition to establish the lien was first filed (§9-109).
- Bona Fide Purchaser: A lien cannot attach to property if, prior to the establishment of the lien, legal title has been granted to a bona fide purchaser for value (§9-102(d)).
What Action You Should Take
If you have satisfied pre-lien requirements and want to proceed with pursuing a lien claim, contact a Maryland-licensed construction attorney as soon as possible. Subcontractors must serve a Notice of Intent on the owner within 120 days of last furnishing (§9-104(a)). All claimants must file a court petition within 180 days of last furnishing (§9-105(a)).
For any questions, email us at support@handle.com.