The MARA Board has been considering adding some language to our template for recording a Notice of Claim (NOC) to identify it as being similar to a Lien for ease of retrieval by title searchers. We recently decided to ask Attorney Mary A. Denison the following:

QUESTION: Do you think it is any problem for title searchers to find a NOC if it is filed under Miscellaneous instead of under Liens?

ATTORNEY DENISON's ANSWER:

Any title examiner worth their salt will read all the miscellaneous filings in a chain of title, not just the liens. Many miscellaneous filings create an encumbrance on the title. Easements are also filed under miscellaneous in many county registries.

I do not recommend straying beyond the language of the statute.