How to get a mechanic’s lien removed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to get a mechanic’s lien removed?
I had a deck built around my above ground pool 9 years ago. The contractor in the process of building the deck suddenly stopped showing up and we had to finish the deck ourselves and we stopped payment as the job was not finished. The contracotr upset that he din’t gte all his money for the job decided to put a lien on our house. The contractor has since passed away, and we want to seel the house as we are divorcing. How do we get the lien removed without having to pay as the job was not completed?
Asked on July 3, 2012 under Real Estate Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, if a contractor records a mechanic's lien on a work of improvement and fails to file suit within ninety (90) days or so the lien is invalid and not perfected. One way to get the lien released is to have the executor of the contractor's estate record a release of the lien on your property.
If that will not suffice, you will need to file suit against the contractor's estate to declare the lien invalid and have the court order it released. I suggest that you consult with a real estate attorney to further help you in this matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.