A. [§ 6.34] Process
Jurisdiction | Maryland |
A. [§ 6.34] Process
The process of establishing a mechanics' lien commences with the filing of a complaint in the circuit court for the county where the land or any part of the land is located. This complaint must be filed within 180 days after the work has been completed or the materials furnished. If the plaintiff is a subcontractor, he or she must provide notice to the owner, under Real Prop. § 9-104, within 120 days after his or her work is performed or materials are supplied. Failure of the subcontractor to provide timely notice precludes the filing of the complaint to establish and enforce the mechanics' lien. The specific form of the notice required to be served on the owner by the subcontractor is provided in Real Prop. § 9-104. See Gravett v. Covenant Life Church, 154 Md. App. 640, 841 A.2d 342 (2004) (affirming the dismissal of a petition to establish a mechanics' lien because the content of the notice of intention to claim a mechanics' lien failed to meet the content requirements of Real Prop. § 9-104).
The elements of a valid complaint to establish and enforce a mechanics' lien are specified in Real Prop. § 9-105 and Md. Rule 12-302. They are as follows:
1) The name and address of the plaintiff;...
2) The name and address of the owner;
3) The nature or kind of work performed or the kind and amount of materials furnished, including the time when the work was performed or materials provided, and the name of the person for whom the work was performed or to whom the materials were provided with a specification of the
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- I. [§ 6.1] Possession of Property
- A. [§ 6.2] Jurisdiction and Venue
- B. [§ 6.3] Mesne Profits and Damages
- 1. [§ 6.4] Personal Liability of Corporate Officers Who Participate in the Tort
- C. [§ 6.5] Resulting Trust
- Ii. [§ 6.6] Quiet Title
- A. [§ 6.7] Possession
- B. [§ 6.8] Takings and Inverse Condemnation
- C. [§ 6.9] Multiple Counts
- Iii. [§ 6.10] Quiet Title—Adverse Possession Or Prescriptive Easement
- A. [§ 6.11] Adverse Possession
- 1. [§ 6.12] Under Claim of Title and Hostile
- 2. [§ 6.13] Actual, Notorious, Exclusive, and Continuous
- B. [§ 6.14] Prescriptive Easement
- C. [§ 6.15] Restrictive Covenants
- Iv. [§ 6.16] Partition of Land
- A. [§ 6.17] Possible Parties
- B. [§ 6.18] Sale in Lieu of Partition
- V. [§ 6.19] Foreclosure Proceedings
- A. [§ 6.20] Instituting An Action
- 1. [§ 6.21] the Notice of Intent To Foreclose
- 2. [§ 6.22] Required Contents and Exhibits of Initial Foreclosure Filing
- 3. [§ 6.23] Service of Initial Filings in Actions To Foreclose
- 4. [§ 6.24] Foreclosure Mediation
- 5. [§ 6.25] Scheduling of the Sale and Pre-Sale Notice
- 6. [§ 6.26] Stay of the Sale/Dismissal of the Foreclosure
- B. [§ 6.27] Conduct of Sale
- C. [§ 6.28] Procedure Subsequent To Sale
- D. [§ 6.29] Accounting
- E. [§ 6.30] Deficiency Decree
- F. [§ 6.31] Protection of Homeowners in Foreclosure Act
- G. [§ 6.32] Other Protections—Injunctions and Affirmative Defenses
- Vi. [§ 6.33] Mechanics' Lien
- A. [§ 6.34] Process
- B. [§ 6.35] Restrictions On Imposing Liens
- Vii. [§ 6.36] Premises Liability
- A. [§ 6.37] Invitee
- B. [§ 6.38] Social Guest
- C. [§ 6.39] Licensee
- D. [§ 6.40] Trespasser
- E. [§ 6.41] Fireman's Rule for Firefighters and Police Officers
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