The "in furtherance of" language applies to "material." Dealing with labor, you have to look at the "performs work or labor upon" language and I don't think a title search satisfies the statute.
However, Doug Gallant suggested that I check the statute in Arkansas. Arkansas has a specific code section that allows liens for "abstractors." I think you would have to have this type of statute to get a lien for a title search.
§ 18-44-133. Lien of architect, engineer, surveyor, appraiser, abstractor, or title insurance agent
(a) (1) Every architect, engineer, surveyor, appraiser, abstractor, or title insurance agent who shall do or perform any architectural, engineering, surveying, appraisal, or abstracting work on, or who shall issue any title insurance policy on any land, building, erection, or improvement upon land, under or by virtue of any written agreement for performance of the work with the owner or his or her agent thereof shall have a lien upon the land, building, erection, or improvement to the extent of the agreed contract price or a reasonable price for those services.
(2) However, the lien does not attach to the land, building, erection, or improvement unless and until the lien is duly filed of record with the circuit clerk and recorder in the county in which the land, building, erection, or improvement is located.
(b) This recorded lien will be enforced in the same manner as a mechanic's or contractor's lien.
Notice that you do have to satisfy the "written agreement" language. That might be dificult in most situations.
However, it may still may not be the right thing to do, or it may not be cost effective. I guess the "right thing" is an ethical question you would have to answer for yourself. The homeowner isn't to blame, they don't even know who you are. In my mind, the client is the one who owes the money and collection efforts should be directed toward them.
Whether or not it is cost effective depends on how much you charge for a search and how much it costs you to file the lien. The liens are going to attach to individual properties, owned by different individuals. In Ohio it costs $28 for the first two pages to file the lien. Then, when it is paid the release will cost $32 to file. Can you get that amount added to your lien? I don't know. Can you file one lien identifying multiple properties and owners? I don't know, but you would still have to release them individually as they are paid.
In any regard, in my opinion, even if the statute specifically allowed it, it is not the best way to proceed. Unless, perhaps if you are trying to collect a large fee for a commercial project. Then, it may be a good option to pursue.
Best,
Robert A. Franco
SOURCE OF TITLE
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