can be included in the lien amount provided that
you have substantially completed the work. In
cases where problems developed when the job was
only 50% complete, you should only include the
same percentage for the retainage. A lien still
has to be filed within three months of
completing the work, so don’t let your time
expire on retainage.
Lien Waivers: Can I still file a lien?
You need to read every document carefully
before signing it. If you executed a full and
final lien waiver, you cannot file a lien. An
interim lien waiver allows you to file a lien
for any work that was provided after the date of
the execution of that document. We recommend
using a conditional waiver that is dependent
upon payment and the check clearing the bank.
Why do I need the original lien to cancel it?
The Court will cross reference cancellations
back to the original document to make it clear
that it has indeed been satisfied. They will
make this notation in the indexes and will
physically mark the original that it was
satisfied in the deed book. If the original
document or subsequent cancellation does not
have this notation, they cannot properly cancel
I could not find the cancellation of record.
This can happen when inexperienced people try
to look up documents at the courthouse. The
document is recorded but they do not know what
to look for.
What does Lien Filers do when we get a call
about one of your liens?
We get a lot of calls from the contractors
and property owners. In each case we will
encourage them to call you directly to work out
Will you let us know if you have other liens
against the same contractor?
Yes. We will encourage you to contact the
other client(s) because they are usually
involved in a different trade and not a
competitor of yours. The weekly fax report is
the best way to keep posted on lien activity.
Can I charge for filing fees and interest?
No, please do not include lien fees as this
will invalidate the lien under Georgia Law.
Payoff Letters: what are they and how do they
Payoff letters are prepared and faxed to
closing attorneys for any property that we have
filed liens on your behalf. The letter includes
the lien amount, cancellation fee and interest
at 7% per annum. The payoff is figured through
the closing date and a daily interest factor is
included for each additional day past the
original closing date. The letter is faxed to
the attorney with instructions to escrow the
money and forward the payoff to Lien Filers.
Upon receipt of the check we will cancel the
lien and forward the original check from the
attorney to you along with an invoice for the
cancellation and the payoff letter. You receive
a better return on your money by allowing us to
do the payoff letter because our computer
figures all of the fees automatically. Payoff
letters are $110.00.