A frivolous mechanics lien was filed on my home by a pool contractor over 6 years ago. Ohio mechanics lines expire after 6 years but my question is whether I need to file anything to have the lien formally removed?
Dec 15, 2017
I'm sorry to hear that. As you mentioned, Ohio mechanics liens automatically expire after 6 years if no action to enforce is brought forward, but the lien will still exist in the county records. Since the time to enforce the lien has passed, sending the claimant a letter demanding that the lien be removed could be an effective method. Another option in Ohio is to send a Notice to Lienholder to Commence Suit under § 1311.11 of the Ohio mechanics lien statute. If the lienholder fails to commence suit upon the lien within 60 days after completion of service upon him of the notice to commence suit, or if the action is commenced but dismissed with prejudice before adjudication, the lien is void and the property wholly discharged from the lien. Since the lienholder has missed their deadline to enforce the lien, any action they take to enforce the lien should be dismissed.