A mechanics lean was placed on my property by one of my homebuilders sub-contractors in October 2017. The lean was filed 6 months after the home purchase was completed in March 2017. I'm refinancing the home and the title company says the lien needs to be released in order to close on the refinancing. How do I get a release on the mechanic's lean so that I can complete the closing on the new mortgage? The property and lien are in Cook County, IL
You ask how to release a Subcontractor's Mechanics Lien on your title so you can refinance. Short Answer: you could always payoff the lien through your refinance and sue your home-builder for indemnification.
Longer Answer: there are strict time limits for a Subcontractor to file and enforce a Mechanics Lien. If this particular sub made any errors, that will cost him his lost his lien rights. His claim would therefore potentially be voidable and not an impediment to refinancing.
Since there are a number of variable to assess, I recommend engagin a knowledgeable Consruction/Real Estate lawyer. I hope this information was helpful. Best of luck!