All States Bond or Lien Claim Extension
Bond or Lien Claim Extension Form
Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.
Note: For specific information on a state filing, see the state listing for the appropriate document.
The following information covers all states for this generic form. Please use at your own risk and in conjunction with advice from your attorney.
Description: This form is used to extend the statutory time for filing suit (perfecting) a Mechanic's Lien Claim by agreement with the owners of the property. It is generally used in conjunction with a Promissory Note that provides for a payment plan for the amount due, but may used be for the sole purpose of granting time so the owners may sell the property and pay your lien.
Most owners and lien claimants will find it an excellent alternative to an expensive lawsuit since it achieves the effect of providing the owner with more time to pay the amount due while providing the lien claimant with the security of an extended and enforceable lien claim.
Scope: All States, Private Works Only. The following states have a statutory provision for Bond or Lien Claim Extensions: AK
Time Constraints: You must file your Bond or Lien Claim Extension before the statutory time limit for perfecting, that is, filing suit upon, a private work Bond or Lien Clam for the state the project is performed within. See the Bond or Lien Claim memo for the state you will be filing a claim within for more information on time limitations.
Information Requirements:(If Applicable):
Private Work: Name of the Owner Representative, County of Filing, Instrument or Document number, Book number, Page number, Lien Filing Date and the Days to Extend the Lien.
Public Work: No Extension form for Public Works.
Form Types: Notice of Extension of Mechanic's Lien, Exhibit A, the Notary form for the Notice of Extension and County Recorder’s Letter, if needed. You may also opt to print A Promissory Note to provide the terms of repayment for the extension.
Procedures: After you have filed your private Mechanic’s Lien claim, but before the statutory time limit to perfect the lien has expired, if you and the owners of the property can come to some sort of agreement to provide for the payment of the amount due you can extend the statutory expiration period by preparing the document with the additional information and print. Have the appropriate parties sign the document and have it notarized. You must then file the form with the county recorder's office in the county in the state where the project is located. If you use this document in conjunction with the Promissory Note In Lien Writer(® your lien rights are protected even in the event that the Promissory Note is paid current but the property itself is sold- your lien has priority over the Promissory Note, and must be satisfied immediately if the property is sold.
Important: This form is non-statutory in almost all states, but has been tested a number of times in court. Public policy would seem to support the intent of the document.
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