Remove shadow in the Mechanic's Lien

Aug 6th, 2022
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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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If the lien claimant doesnt remove the invalid lien, and the time has expired to record the mechanics lien and take action to foreclose, you may petition the court for a decree to release the property from the lien. This is a complicated process that may require the services of an attorney.
A motion to vacate a construction lien is typically filed by the property owner or another party with an interest in the property. The motion must be filed in the Ontario Superior Court of Justice and must set out the grounds on which the party seeks to have the lien removed.
A South Carolina mechanics lien is only valid for six (6) months. Unless it is extended, you will need to enforce your lien claim within this deadline. If you get paid, its a good idea to file a lien release form to discharge your lien claim.
A lien foreclosure action is a lawsuit to foreclose the mechanics lien. The lien claimant must file a lien foreclosure action within 90 days of the date that he or she recorded the mechanics lien. Often a lien claimant with a valid claim will fail to follow through, making the lien invalid.
Lien Registration Fees The fee to register a construction lien in Ontario is $71.20, as of March 2023. This fee is payable to the Ministry of Government and Consumer Services. Discharge Fees If the lien is discharged, there may be additional fees involved.
The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractors materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.
How Do You Get Rid of a Mechanics Lien? A mechanics lien, once recorded, creates a title problem that must be dealt with before you can sell or refinance your home. If, after investigation, you are persuaded that the lien is invalid, you will have to go to the county courthouse or registrar of deeds to remove it.
Step by Step Instructions Ask the claimant to release the lien. Obtain a certified copy of the lien. Copy and assemble the documents. File your documents, pay filing fee, and ask clerk for hearing date. Have the Petition and other documents served.

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