Fauquier County Sub-subcontractor Memorandum for Mechanics Lien Form (Virginia)
All Fauquier County specific forms and documents listed below are included in your immediate download package:
Sub-subcontractor Memorandum for Mechanics Lien Form
Fill in the blank Sub-subcontractor Memorandum for Mechanics Lien form formatted to comply with all Virginia recording and content requirements.
Included Fauquier County compliant document last validated/updated 11/7/2024
Memorandum for Mechanics Lien Guide
Line by line guide explaining every blank on the form.
Included Fauquier County compliant document last validated/updated 10/30/2024
Completed Example of the Memorandum for Mechanics Lien Document
Example of a properly completed form for reference.
Included Fauquier County compliant document last validated/updated 10/17/2024
The following Virginia and Fauquier County supplemental forms are included as a courtesy with your order:
When using these Sub-subcontractor Memorandum for Mechanics Lien forms, the subject real estate must be physically located in Fauquier County. The executed documents should then be recorded in the following office:
Clerk of Circuit Court: Recording Desk
29 Ashby St, Warrenton, Virginia 20186-3202
Hours: Monday - Friday 8:00 am - 4:30 pm
Phone: (540) 422-8100 or 422-8087
Local jurisdictions located in Fauquier County include:
- Bealeton
- Broad Run
- Calverton
- Casanova
- Catlett
- Delaplane
- Goldvein
- Hume
- Markham
- Marshall
- Midland
- Orlean
- Rectortown
- Remington
- Somerville
- Sumerduck
- The Plains
- Upperville
- Warrenton
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Fauquier County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Fauquier County using our eRecording service.
Are these forms guaranteed to be recordable in Fauquier County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fauquier County including margin requirements, content requirements, font and font size requirements.
Can the Sub-subcontractor Memorandum for Mechanics Lien forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Fauquier County that you need to transfer you would only need to order our forms once for all of your properties in Fauquier County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Virginia or Fauquier County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Fauquier County Sub-subcontractor Memorandum for Mechanics Lien forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Virginia Mechanic's Lien by a Sub-subcontractor
In Virginia, a lien claimant may make a claim for a mechanic's lien by completing and recording a "Memorandum for Mechanic's Lien" document. There are separate versions of the Memorandum depending on whether the claimant is a contractor, subcontractor, or sub-subcontractor.
In general, a mechanic's lien claim is made when a property owner or other person in the chain has not paid the contractor or others owed payment. The lien works as a security device by placing an encumbrance on the property, which in turn prompts the property's owner to pay in order to remove the lien. Liens can also be sought against payment funds, for example, by preventing a contractor from being paid by the owner until the subcontractors are paid.
A general contractor must file a memorandum of lien at any time after the work is commenced or material furnished, but not later than 90 days from the last day of the month in which he last performs labor or furnishes material, and within 90 days from the time the work ends. Va. Code 43-4. The memorandum is then filed in the clerk's office in the county or city in which the property is located. Id.
The memorandum must show: (1) the name of the owner of the property, (2) the claimant of the lien, (3) the amount and consideration of the claim, (4) the time or times when the claim is or will be due and payable, (5) a verification by the oath of the claimant, or his agent, including a statement declaring his intention to claim the benefit of the lien, and (6) a brief description of the property. Id. Include the claimant's license or certificate number issued by the Board for Contractors, if any, and the date such license or certificate was issued as well as the date such license or certificate expires. Id.
Sub-subcontractors (and sub-sub-subcontractors and so on) may also claim a lien. The same provisions for general and subcontractors apply as far as timelines and what must be included in the claim. In addition, the sub-sub must give notice in writing to the owner of the property, or his agent, and to the general contractor, or his agent, of the amount and character of his claim. Va. Code 43-9. The lien amount must also not exceed the amount for which such subcontractor could himself claim a lien. Id.
In conclusion, a mechanic's lien is a powerful tool when used properly. By keeping track of key dates and parties in each construction job, contractors can protect their rights.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact an attorney with any questions about filing a Memorandum for a Mechanic's Lien in Virginia.
Our Promise
The documents you receive here will meet, or exceed, the Fauquier County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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