Claiming an Oklahoma Mechanic's Lien

Mechanic's liens provide a form of security of payment to builders, contractors, and other parties working on a construction job. Suppliers of materials, subcontractors and persons delivering materials can also claim a lien. A mechanic's lien works by making it harder for the owner to sell or refinance the property without first paying off the underlying lien. It also gives the person holding the lien the right to foreclose, or force a sale of the property to recover the money owed.

In Oklahoma, any person claiming a lien must file in the county clerk's office of the county in which the land is situated a statement setting forth the amount claimed and the items claimed including the names of the owner, the contractor, the claimant, and a legal description of the property subject to the lien, verified by affidavit. O.S. 42-142.

The statement must be filed within four (4) months after the date upon which material or equipment used on the land was last furnished or labor was last performed under a contract. Id. If the claim is made for the planting of any trees, vines, plants, or hedge, then the statement must be filed within four (4) months from such planting. Id. Once the statement is filed, the county clerk will enter a record of the lien against the tract index and in a book called the mechanics' lien journal. Id.

Once filed, the statement must be served on the property owner within five (5) business days after the date of the filing by certified mail, return receipt requested. O.S. 42-143.1(A). The claimant must furnish the county clerk with the last-known mailing address of the person or persons against whom the claim is made and the owner of the property and then the notice shall be mailed by the county clerk. Id.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of a legal professional. If you have questions about filing a statement of mechanic's lien, please contact an Oklahoma attorney.

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