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 Virginia, 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 the mechanic's lien, which contractors, subcontractors, or suppliers can file against a property if they have not been paid for work done or materials provided. To enforce a mechanic's lien in Virginia, the claimant must file a Memorandum of Lien with the appropriate circuit court clerk's office within 90 days of the last day of the month in which the claimant last performed work or furnished materials, and not later than 90 days from the time the project was completed. Another type of lien is the homeowners' association (HOA) lien, which an HOA can place on a property for unpaid dues or assessments. Under Virginia law, an HOA lien must be filed as a lawsuit in the county or city where the property is located, and the HOA must provide the homeowner with a pre-filing notice of the association's intent to file such a lien. These liens attach to the property and must be satisfied before clear title can be transferred. It's important for property owners and those dealing with property transactions to be aware of these liens, as they can affect the sale and ownership of property.