How do I file a mechanic's lien in Minnesota?

Minnesota mechanic's liens are governed by Minn. Stat. Chapter 514 (§§ 514.01-.17).

1. Who Can File

Contractors, subcontractors, materialmen, laborers, design professionals (architects, engineers, surveyors, landscape architects), and equipment lessors who contribute to an improvement (Minn. Stat. § 514.01).

2. Preliminary / Pre-Lien Notice

A prime contractor on residential or commercial 1-4 unit property of less than $10,000 must include statutory pre-lien notice language in the contract or provide it within 10 days (Minn. Stat. § 514.011, subd. 1). Subcontractors must serve a Pre-Lien Notice on the owner within 45 days after first contributing labor or materials (Minn. Stat. § 514.011, subd. 2). Failure forfeits lien rights.

3. Recording the Lien

Record a verified Mechanic's Lien Statement with the county recorder (or registrar of titles for Torrens) where the property lies, within 120 days after the claimant's last item of contribution (Minn. Stat. § 514.08). Statement must include claimant, owner, work description, contract date, amount, dates, and legal description.

4. Service on Owner

Serve a copy of the recorded Lien Statement on the owner (and a copy on construction lender if known) within 120 days of last work, by personal service or certified mail (Minn. Stat. § 514.08, subd. 1(2)).

5. Suit to Foreclose

Commence foreclosure within 1 year after the date of the last item of the claim (Minn. Stat. § 514.12, subd. 3). The action must be brought in the district court of the county where the property lies.

6. Priority

The lien attaches and takes priority from the date of the first visible improvement to the land, taking priority over subsequent mortgages (Minn. Stat. § 514.05).

7. Bond Release

Owner may release by filing a surety bond for 125% of the claim (Minn. Stat. § 514.10).

8. Homestead / Residential

For owner-occupied residential property, the contractor must provide the statutory pre-lien disclosure; if no notice is given, the prime cannot lien and subs are also barred (Minn. Stat. § 514.011, subd. 4a). Homestead law (§ 510.01) does not exempt the property from mechanic's liens for improvements.

9. Fraudulent Lien Penalties

Knowingly filing a false or excessive lien is a misdemeanor under Minn. Stat. § 514.74; the lien is forfeited and the claimant may face civil damages and attorney's fees.

This is legal information, not legal advice.