It shall be the duty of every person entitled to such lien to file in the office of the judge of probate of the county in which the property upon which the lien is sought to be established is situated, a statement in writing, verified by the oath of the person claiming the lien, or of some other person having knowledge of the facts, containing the amount of the demand secured by the lien, after all just credits have been given, a description of the property on which the lien is claimed in such a manner that same may be located or identified, a description by house number, name of street, and name of city or town being a sufficient description where the property is located in a city or town, and the name of the owner or proprietor thereof; but no error in the amount of the demand or in the name of the owner or proprietor, shall affect the lien. Unless such statement is so filed the lien shall be lost. Said verified statement may be in the following form, which shall be deemed sufficient:
State of Alabama,
County of _____
_____ files this statement in writing, verified by the oath of _____, who has personal knowledge of the facts herein set forth:
That said _____ claims a lien upon the following property, situated in _____ county, Alabama, to wit:
_________________________________
_________________________________
This lien is claimed, separately and severally, as to both the buildings and improvements thereon, and the said land.
That said lien is claimed to secure an indebtedness of $____ with interest, from to wit _____ day of _____, 19__, for ____________________
The name of the owner or proprietor of the said property is __________________________________________
_________________,
Claimant.
Before me, _____, a notary public in and for the county of _____, State of _____, personally appeared _____, who being duly sworn, doth depose and say: That he has personal knowledge of the facts set forth in the foregoing statement of lien, and that the same are true and correct to the best of his knowledge and belief.
_________________,
Affiant.
Subscribed and sworn to before me on this the _____ day of _____, 19__, by said affiant.
_________________,
Notary Public.
(Code 1876, §3444; Code 1886, §3022; Code 1896, §2727; Code 1907, §4758; Code 1923, §8836; Code 1940, T. 33, §41.)
Notes of Decisions
In Re Cook, 384 B.R. 282 (Bankr. N.D. Ala. 2008).
· cites it 2× “5 AlaCode § 35-11-213 (1975); Metro Bank v.”
Boyington v. Bryan, 174 So. 3d 347 (Ala. Civ. App. 2014).
· cites it 4× “” On May 30, 2008, Bryan filed a verified statement of lien in the Covington County probate office as required by Ala.Code 1975, § 35-11-213, to perfect a material-man’s lien.”
Ex Parte Lawson, 6 So. 3d 7 (Ala. 2008).
“" "[A materialman's] lien comes into existence immediately when one provides any materials or performs labor upon the property but remains inchoate unless a statement of lien is timely filed with the judge of probate of the county in which the property is situated (§ 35-11-213),…”
In Re Neylon, 18 B.R. 765 (Bankr. S.D. Ala. 1982).
· cites it 2× “Bayou has argued that it followed the lien perfection requirements of Section 35-11-213, Code of Alabama (1975), within the six-month time limit of Section 35-11-215, and that under Alabama law, the filing of the lien within the statutory period relates back to the commencement…”
Saunders v. Lawson, 982 So. 2d 1091 (Ala. Civ. App. 2006).
“Lawson timely filed a verified statement of her lien within the six-month period required by §§ 35-11-213 and -215, Ala.Code 1975. Accordingly, I must respectfully dissent.”
Natures Way Marine, LLC v. Dunhill Entities, LP, 63 So. 3d 615 (Ala. 2010).
“Section 35-11-215 provides that a mechanic’s or materialman's lien "shall be deemed lost unless the statement referred to in section 35-11-213 shall be filed by every original contractor within six months .”
Ex Parte Douthit, 480 So. 2d 547 (Ala. 1985).
“Code 1975, § 35-11-213. In Staley the mortgagee, Staley, foreclosed on the mortgage after a materialmen's lien had attached and then sold the property to a third party.”
Harper v. J. & C. Trucking & Excavating Co., 374 So. 2d 893 (Ala. 1979).
· cites it 4× “The sole issue is whether Knapp’s statement of lien was properly verified as required by Code 1975, § 35-11-213. The Court of Civil Appeals held Knapp’s verification was sufficient.”
United States v. Carmichael, 433 F. Supp. 2d 1259 (M.D. Ala. 2006).
· cites it 2× “Code § 35-11-210; (2) filing of a verified statement of lien in the probate office of the county where the improvement is located pursuant to § 35-11-213; and (3) filing of a suit to enforce the lien within six months of the maturation of the debt pursuant to § 35-11-221.”
Peoples Bank v. SAIIA Constr., LLC, 342 B.R. 630 (N.D. Ala. 2006).
· cites it 2× “On November 21, 2005, the Bankruptcy Court issued a Certified Question to the Alabama Supreme Court asking whether the Statement of Lien filed by SAIIA was sufficient to satisfy the verification requirement of Alabama Code 1975 § 35-11-213, a requirement for lien perfection.”
Architechnology, Inc. v. Fed. Deposit Ins., 769 F. Supp. 1208 (S.D. Ala. 1991).
· cites it 6× “Captain Cajun’s nonpayment prompted plaintiff to file an architect’s (mechanics) Verified Statement of Claim of Lien (the “lien”) against the Mobile County property, pursuant to Alabama Code § 35-11-213. Id. The lien filed against the Mobile County property originally…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.