To file a mechanic's lien, the contractor or subcontractor delivers a memorandum to the county clerk's office in the county where the owner's property is located. The memorandum, signed under oath, must set forth basic facts of the case and the reason for the lien. The contractor or subcontractor must give notice to the owner before filing a mechanic's lien on the owner's property. With a mechanic's lien, a contractor or subcontractor may foreclose on the property, forcing its sale. The proceeds of the sale would be used to pay for the amount of the lien, with any excess funds returned to the property owner.
Foreclosure occurs only after the property owner is given an opportunity to be heard in court.
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