Mechanic Liens-related Records

The Mechanic Lien was the centerpiece of a group of related record types, and it is worth breaking them out into a section of their own to increase their visibility.  Although states may differ in how many of these record types were produced, and which ones, the following list, based chiefly on New Jersey results, provides a menu that researchers should seek out in other states.  Like the liens themselves, these record types are usually maintained by the same repositories that hold deeds and mortgages.

Mechanic Liens -related Records

Mechanic lien index

Indexes of mechanic liens were created in jurisdictions where mechanic liens were either docketed or recorded as a distinct series of documents.  The value of these indexes is that they provide an efficient way to identify all of the liens filed against a single owner at a specific time (and therefore all the liens that pertain to a specific building project), and all of the liens that were filed by a specific building contractor.  Armed with that information, one might be able to develop an intimate understanding of the size and types of jobs that a specific contractor handled.  These indexes are often kept, even if some of the mechanic liens themselves have been destroyed.  Thus the indexes may be available for a wider date range than the liens.

General Lien Index

If mechanic liens are not separately indexed in a jurisdiction, a general lien index may have been created instead.  Such an index holds entries for the wide variety of lien types:  judgment liens, tax liens, Federal liens, etc.

Mechanic’s Notice of Intention

This is a type of document that recorded that a contractor or builder had engaged to perform construction for a property owner.  It would be filed after the contract was signed, and more likely before the work was carried out.  It doesn’t ordinarily describe the work to be performed, but it does identify the property on which the construction was to take place.  In some jurisdictions (eg. New Jersey), a contractor was required to file a notice of intention prior to filing a mechanic lien.  This type of document is important because it was probably filed in many cases where no mechanic lien was subsequently filed.  These documents were filed in New Jersey at least as early as the fourth quarter of the 19th century.

Discharge of Mechanic Liens

Mechanic liens were usually satisfied by payment of the monies owed.  It was in the interest of both parties that a public record of this satisfaction be entered where the lien claim was recorded.  This was often done by adding a marginal note to the original record.  Sometimes, however, the discharges were collected in separate volumes.  If so, then an index of these documents was also prepared.

Stop Notices

Sometimes an unpaid contractor or sub-contractor needed to cease work on a building’s construction.  When a client fell behind on payments, for example, a contractor could file a stop notice.  Since contracts routinely included deadlines for completion of the work, and penalties to the contractor if the deadline dates were missed, a contractor would file a stop notice to provide evidence that delays in the work were not the fault of the contractor, and that penalties should not be levied against him.  Such notices were filed at least as early as the late-19th century.  If the stop notices were recorded as a separate series of documents, also look for how they were indexed.

Particular Lists

Particular lists (NJ terminology) were enumerations of the items that justify the size of the lien claims.  If the lien claim was made for unpaid labor, it would itemize whose labor was included in the claim, and the date(s) the person worked on the project.  If the lien claim was filed by a supplier, it would itemize each material, part, or item that was supplied, usually including model names and model numbers of fixtures, and the quantities of each item supplied and the unit prices charged.  Armed with that knowledge, one can often go to trade catalogs to seek imagery of the items supplied.  (At least in New Jersey, however, particular lists were much less likely to be saved; only one county in the state routinely did so.)

Building Contracts

Building contracts also bear a relation to mechanic liens.  Where buildings were constructed according to the terms of a contract, New Jersey law required the contractor to file a copy of the contract when a mechanic lien was filed. (For more about building contracts, see the record type about them.)  Building Contracts

Lis Pendens

Sometimes the filing of a mechanic lien did not result in a satisfactory resolution of the debt.  In such cases, it was the aggrieved party's option to file a lawsuit to recover the money.  The lis pendens document is the public notice that a lawsuit has been instituted.  Although it is not directly related to a mechanic lien per se, if a researcher finds that mechanic liens have been filed related to the construction of a building, a thorough follow-up should include quickly checking lis pendens records for notice of a lawsuit.  This type of record identifies the parties to a lawsuit and the parcel of land that is the subject of the litigation.  If a lis pendens was filed related to unpaid debts from the construction, then the researcher needs to follow-up with court records to learn of the outcome of the suit.