Demand for Enforcement of a Mechanic's Lien in Tennessee

Liens can be trouble when placed on your property, especially if you're trying to sell or refinance. Regardless of the reason for the lien, there are steps an owner can take to speed up the time that the lien can be effective. In Tennessee, filing a Demand for Enforcement of a filed lien will accelerate the lien action, requiring the lien claimant to enforce the lien or forfeit it.

Upon written demand of the owner, the owner's agent, or prime contractor, served on the lienor, requiring the lienor to commence action to enforce the lienor's lien, and describing the real property in the demand, the action shall be commenced, or the claim filed in a creditors' or foreclosure proceeding, within sixty (60) days after service, or the lien shall be forfeited. Tenn. Prop. Code 66-11-130.

The Demand for Enforcement contains the following: 1) the lien claimant's name (including business name and entity type), 2) a description of the property bound under the lien, 3) date of the lien claim, and 4) amount of the claim. The person sending the document must complete a certificate of delivery that specifies the method of service and to whom it is directed. Serving the document to the lien claimant is effective to demand he or she enforce the lien within 60 days.

This article is provided for informational purposes only and should not be considered legal advice or relied upon as any substitute for speaking with an attorney. Please consult a Tennessee attorney familiar with construction law for any questions about the Demand for Enforcement or for any other issues regarding mechanic's liens.

Back to Tennessee