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How does a homeowner dispute a mechanics lien on their property?
Anonymous1 views3 answers
A contractor received 2 draws on this project. After getting my signature on the 2nd check he never came back or purchased the materials that the check was for. And then successfully filled a $6200.00 lien on the property. I have photo's before and after, witnesses, and documentation from the next contractor.
Patrick Michael PickettReal Estate AttorneyColumbus, OH ·
There is a procedure by which you can demand that the contractor file suit on its claims. If the contractor fails to do so within 60 days, the lien can be released. If you need quicker relief, a bond can be purchased to serve as security for the alleged debt and if the quality of the company providing the bond is satisfactory, the Court will order that the lien be released. This Court procedure can typically be completed relatively quickly. If this work was done on your home, as opposed to other property such a a business, you may also have a "payment in full defense." If time is not an issue, liens of this type last 6 years. If suit is not brought on the lien by the contractor within that time, the lien will be void.
Aside from sitting and waiting 6 years, a lawyer's help will be required to accomplish these other means of removing the lien. It might be helpful to contact a lawyer and discuss this matter in order to get a recommendation.on how you should proceed.
If the lien has not been enforced within the statutory period you can get it removed and recover attorneys fees and costs. In California there is a cap on this recovery. Check with an attorney in your county who handles real property law matters to find out what the specific provisions are in our state.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Vincent Thomas PallaciConstruction / Development LawyerHuntington Station, NY ·
I am not licensed to practice law in Ohio so I cannot answer your specific question but you may find my legal guide on how a home owner can handle a mechanic's lien helpful. While this guide is written for a New York home owner, it may at least give you some general information and help you learn what questions to ask a local construction attorney that may be able to help you.
The guide can be found here:
http://www.attorneyqna.com/legal-guides/ugc/someone-filed-a-mechanics-lien-against-my-property---now-what