Carey v. Maynard

Adams, Judge.

Plaintiff/appellant Mark Carey d/b/a MC Construction filed suit to foreclose a lien on property located in Barrow County against appellees/defendants Paul and Linda Maynard. The Maynards filed a motion for summary judgment, contending that the notice of suit filed by Carey did not comply with the requirements set forth in OCGA § 44-14-361.1 (a) (3). The trial court granted the Maynards’ motion for summary judgment, and Carey filed this appeal.

Once a lien has been filed pursuant to OCGA § 44-14-361, the lienholder must file suit to enforce the lien within 12 months. OCGA §…