2006 Georgia Code - 44-14-367

44-14-367. (a) In the event no notice is filed with the clerk of the superior court as is required by paragraph (3) of subsection (a) of Code Section 44-14-361.1 within 14 months from the time the claim became due, the owner of the real estate improved may file with the clerk of the superior court in the county in which the property is located a request to have the lien marked void of record. Said request shall be accompanied by an affidavit from an attorney licensed to practice law in Georgia that certifies the attorney has searched the superior court records in the county in which the property is located, that according to information received from the superior court clerk´s office the indexes of real property transactions are current through a date more than 12 months from the date the lien claimant´s claim became due, and that the records do not reflect that notice has been filed as is required by this Code section. A copy of said request shall be forwarded by the owner to the lien claimant by registered or certified mail or statutory overnight delivery to the address specified in the original filing for record of his or her claim of lien prior to filing the request, and a copy of the return receipt showing that the lien claimant has received a copy of the request shall be filed with the superior court clerk at the time the request is filed. If the lien claimant is no longer at the address specified in his or her original claim of lien and the owner cannot reasonably locate the lien claimant, the owner may file an affidavit so stating in lieu of a return receipt. The lien claimant shall have 30 days from the date of the filing of the request with the superior court clerk to object in writing to the request on the basis that the proper notice was timely filed. A copy of the objection shall be sent to the owner by registered or certified mail or statutory overnight delivery at the time the lien claimant files such objection with the superior court clerk. If the lien claimant so objects, the clerk shall not mark the lien void and either party may seek relief in the superior court through a declaratory judgment action. In the event no objection is filed with the superior court clerk within 30 days after the filing of the request, the superior court clerk is directed, upon subsequent request of the owner of the real estate, to release any bond filed and to mark the lien void of record by writing or marking on said lien the following language: 'This lien is void of record pursuant to Code Section 44-14-367 of the Official Code of Georgia Annotated.' (b) Subsection (a) of this Code section shall not be construed to prevent any interested party from seeking judicial relief at any time based upon allegations that a claim of lien is void as a matter of law for failure to comply with the requirements of this part or from seeking the release of any bond filed pursuant thereto. Further, subsection (a) of this Code section shall not extend the legal effect of any claim of lien which is otherwise void due to the failure of the lien claimant to comply with the requirements of this part.

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