Transferring Property Subject to Lien Claims in Tennessee

Lots of things can happen with a property that can cause the owner to sell or otherwise transfer ownership while a lien is pending. Luckily, in Tennessee offers a procedure for accelerating the time to enforce a lien when transferring property to a purchaser. Drafting and recording a Notice of Transfer will effectively limit the time that the lien claimant can enforce any lien against a subsequent purchaser.

Under Tenn. Prop. Code 66-11-112(a), any liens claimed only remain effective against subsequent purchasers for ninety (90) days after work on the above-described property is abandoned or completed, unless a sworn statement of lien is filed during that time.

The notice identifies the parties, the location of the work or improvement, intended date of the transfer, and any other information relevant to the specific situation.

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 Notice of Transfer or for any other issues regarding mechanic's liens.

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