Mechanics Lien Notice of sale bill moves ahead in House

February 14, 2019

SB 1336 (Edwards) specifies that the notice of sale for property to be sold pursuant to a mechanics’ lien shall be posted in any of the following places: (i) a public place in the county or city where the property is located; (ii) a website operated by the Commonwealth, the county or city where the property is located, or a political subdivision of either; or (iii) a newspaper of general circulation in the county or city where the property is located, either in print or on its website. Under current law, such notice of sale is required to be advertised in a public place, defined as a premise owned by the Commonwealth or a political subdivision thereof, or an agency of either, that is open to the general public.

VACo and VML asked for the bill to be amended, as local government websites are not available for posting by private entities or businesses. While the patron was unwilling to amend the bill, both he and the proponents of the bill (VA Automobile Dealers Association) have stated that local governments can just say no to such a request.

VACo Contact: Phyllis Errico, Esq., CAE

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