I don't know of any state that allows abstractors to file mechanic's liens for non-payment of title searches.  If anyone can provide me with their State's Mechanic's Lien statute that allows for such things, I would appreciate it.

The Ohio statute reads:

§ 1311.02. Lien of subcontractor, laborer or material supplier 

Every person who performs work or labor upon or furnishes material in furtherance of any improvement undertaken by virtue of a contract, express or implied, with the owner, part owner, or lessee of any interest in real estate, or the owner's, part owner's, or lessee's authorized agent, and every person who as a subcontractor, laborer, or material supplier, performs any labor or work or furnishes any material to an original contractor or any subcontractor, in carrying forward, performing, or completing any improvement, has a lien to secure the payment therefor upon the improvement and all interests that the owner, part owner, or lessee may have or subsequently acquire in the land or leasehold to which the improvement was made or removed.

First, a title search is not an improvement.  And, second, the abstractor is not a party to any contract with the owner.  The abstractor was hired by a third party who is responsible for paying for the search - NOT the owner. How would you feel if someone you had no contact with at all filed a lien against you? 

As has been discussed on the forums before, filing a lien that you are not entitled to file could lead to a slander of title suit.  You should check with a good attorney before you attempt to file a mechanic's lien for a title search.

I'm with Wendy - if some of you are authorized by a statute to file such a lien, please let us all know.  It would be very interesting to learn more.

Best,
Robert A. Franco
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