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How do you foreclose on a mechanics lien

OhioForeclosureLien Foreclosure

I filed a mechanics lien on a property and I want to foreclose to take ownership of property.

1 reply

Jul 11, 2019
Once a mechanics lien is filed in Ohio, the lien claimant has 6 years in which to initiate an enforcement (foreclosure) action. Pursuant to R.C. 4113.62(D)(2), the action to enforce the lien must be filed in the county in which the subject property is located, in the Ohio Court of Common Pleas.

If a foreclosure action is required, this is a full-blown lawsuit, and the assistance of counsel should be obtained. This is clearly best-practice for an individual lien claimant, but absolutely necessary for corporations, LLCs, and other entities that cannot represent themselves.

The remedy in a foreclosure action is not taking ownership of the property, but a sale of the property with the proceeds distributed to the lien claimant and other creditors (mortgage holder, etc.), pursuant to their respective priority and the amount obtained through sale, with the remainder (if any) going to the property owner. Note, however, that Ohio courts have mandated that if the underlying contract requires arbitration, that the claim be arbitrated prior to the conclusion of the foreclosure proceeding.
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