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Duplex lien

Pennsylvania

Hello. I filed a mechanics lien on a duplex in PA. It was for building materials. The owner of the project has additional financing lined up to finish the first unit. The lien I filed was for both units. The building materials went into both units. Can I take the lien off of one of the units so the owner can get the loan finalized so I can get paid for the one unit? Or will it have to be both units? I filed the lien 1 year ago. Thanks for your time.

2 replies

Dec 31, 2020
Yes, you can sign a partial release to lift the lien from one unit, so long as the unit is a separate parcel.
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Jan 5, 2021

The short answer is yes, you can file an amendment to an existing lien claim. However, I am not sure that you want to do so without drafting a contract with the one unit owner which explains that the lien is being removed for the specific purpose of enabling the acquisition of a loan to pay off the lien claim. In order to enforce the lien, you would have to file suit within two years of when the lien claim was filed.  

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