A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In Georgia, a lien is a legal claim against property to secure payment for a debt or fulfillment of an obligation. One common type of lien is a mechanic's lien, which contractors, subcontractors, or material suppliers can file against real property when they have not been paid for labor or materials used in improving the property. To enforce a mechanic's lien in Georgia, the claimant must file a Claim of Lien with the Clerk of the Superior Court in the county where the property is located within 90 days of the last day of providing labor, services, or materials. Another type of lien is a homeowners' association (HOA) lien, which can be placed on a homeowner's property for unpaid association dues or assessments. Georgia law requires HOAs to file a claim of lien in the county property records for unpaid assessments. The process and rights associated with enforcing these liens, including notice requirements and timelines, are governed by Georgia statutes, specifically Title 44 (Property) of the Georgia Code. It is important for property owners and claimants to understand their rights and obligations under Georgia law regarding the creation, filing, and enforcement of liens.