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Glossary

Lien agent

A lien agent is a designated party, usually a title company, named to receive and centralize Notice to Lien Agent notifications on certain residential projects.

A lien agent is a neutral third party, most commonly a title company, that is named in a Notice to Lien Agent and receives formal notification of all subcontractors and suppliers working on a project. This practice is required or standard in several states, notably North Carolina, and is sometimes used in other jurisdictions by lenders who want to centralize lien-rights management.

When a Notice to Lien Agent is filed, all subs and suppliers must serve their preliminary notices (or preliminary-notice equivalents) to the lien agent in order to preserve their mechanics lien rights against the property. The lien agent maintains a log of all parties with lien rights, creates a chain of notice that protects the property owner and lender, and can facilitate settlement and lien release at close-out. By centralizing notifications through one party, the lender gains visibility into who has worked on the project and who might have a lien claim, reducing the risk of surprise liens or title defects after closing. Builders should confirm with their title company whether a Notice to Lien Agent is required or recommended in their jurisdiction and work to ensure all subs file on time.

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