Page 24 - State Law Summary of Mechanic's Lien Law

Maryland MD

What is the statutory authority?
Md. Code Ann., Real Prop., §§ 9-101 to 9-114.
What is the Attachment Date of the Mechanic’s Lien?
A mechanic’s lien attaches and has priority as of the date established by judicial
order. Md. Code Ann., Real Prop., § 9-106.

What constitutes visible commencement of construction?
There is no visible commencement rule in Maryland.

What is the priority of the insured construction mortgage/
deed of trust?
A mortgage that is recorded before a court order establishing the mechanic’s lien
has priority. Md. Code Ann., Real Prop., § 9-106.

If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
A notice of lien must be filed in the registry of deeds every 120 days while work is
ongoing to validate the lien against a bona fide purchaser.

What is the period of enforcement of a filed mechanic’s lien?
An action to enforce the lien claim must be filed within one (1) year after the date
of a petition to establish a lien is filed in the circuit court where the property is
located. Md. Code Ann., Real Prop., § 9-109.

Is there a procedure to bond over mechanic’s lien(s)?
Any time after a complaint for mechanic’s lien is filed, any interested person may
move to have the land released from the lien by filing a bond in an amount set by
the court. Once the bond is filed, the court is required to enter an order releasing
the land from the lien. MD Rules, Rule 12-307.

Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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