How To Remove A Mechanic’s Lien In Ohio

A mechanic’s lien may be attached to a piece of property if a construction company that performed work on the property is not paid for their services. The construction company can then place a lien on the property to secure priority repayment. Sometimes, the work on the property is not completed properly or the company places a lien on the property illegally. In those cases, a property owner has options to remove the lien without paying the company. In this article, the Columbus mechanic’s lien attorneys at Kohl & Cook Law Firm LLC will discuss your options for removing a mechanic’s lien.

What should I do if a lien is filed against my property? 

Property owners generally have three options for dealing with a mechanic’s lien. They can either pay off the lien to get it removed, force the lienholder to file a lawsuit against them, put up a cash bond in the amount of the lien to transfer the lien from the property or file a lawsuit directly against the contractor. The Ohio mechanic’s lien attorneys at Kohl & Cook Law Firm LLC can help property owners review their options for dealing with a mechanic’s lien.

Options to remove a mechanic’s lien in Ohio 

Aside from paying it off, you have multiple options to remove a mechanic’s lien in Ohio. Those include:

• Filing a notice to commence suit – A property owner can force the lienholder’s hand by filing a notice to commence suit on the lien. The property owner would deliver a written notice to the lienholder through a formal service. Within 30 days after the service is completed, the property owner must execute an affidavit that sets forth the means by which the service was accomplished, attach the affidavit to a copy of the notice to commence suit, and file the items with the recorder’s office.

• Put up a cash bond to replace the property under lien – You can remove a lien from a piece of property without technically paying the lien by setting up a cash bond with enough money to satisfy the lien. The lien would then be placed against the cash bond as opposed to the property itself and act as a placeholder while the matter is sorted out.

• Sue the contractor for placing a false lien on the property – If the contractor filed a lien against the property maliciously, and the lien contains intentionally false statements, a property owner can sue the contractor for title clouding the property. A plaintiff would be entitled to recover treble damages, attorney’s fees, and even punitive damages if the court finds that the lien was filed maliciously. In some cases, a lien may be invalid. If the lien was never served to the property owner, it is considered invalid. If the contract the lien was based on has been canceled, the lien may also be invalid.

Talk to a Mechanic’s Lien Attorney Today 

Need to get a lien removed from your property? The Ohio mechanic’s lien attorneys at Kohl & Cook Law Firm LLC can help you weigh your options. Call our office today to learn more.