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Adding fees to a Conditional lien waiver

OhioLien WaiversMechanics Lien

We have a customer who has a lien date of April 3rd. Now the Mortgage company is requesting a waiver to lien in order to release payment. On the form they asked us to sign it has a place to put the conditional upon payment amount. The remaining balance currently due is $10,954.53 but if/when we file this lien by friday we would add additional fees making the new balance $12,956.80. My questions for you is, Can we put the larger total on the Conditional Waiver legally due to most likely having to place the lien because payment may not be received until after the lien deadline? Or should we just "eat" the cost of fees to ensure we receive the whole payment currently due?

1 reply

Apr 6, 2020
First, keep in mind that an Ohio mechanics lien claimant can't include filing fees, attorney fees, etc. in their lien claim. So, since those amounts wouldn't be lienable, I'm not sure including them in the waiver would be appropriate. Further, if fees amounts haven't actually been incurred, then including them in a waiver might make even less sense. Of course, if the lien claim must actually be filed, then the claimant is free to demand or negotiate the recovery of those amounts on top of the other amounts owed.
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