Is a property lien my best option

3 months ago

We were halfway through a project when the homeowner was taken to the hospital never to be seen again do to her passing away. Her power of attorney will not speak with us or meet with us neither will her executor of estate

Senior Legal Associate Levelset

I’m sorry to hear about that – that’s certainly an unforeseen situation. When construction payments are owed but unpaid, a mechanics lien against the property is certainly one of the most powerful options for recovery. However, talking out a dispute is generally a preferable option. If talking it out won’t work, sending a mere threat of a mechanics lien will often do the trick – and it could serve as another attempt at recovery before incurring the costs and headaches associated with a mechanics lien filing. By sending a document like a Notice of Intent to Lien, a potential claimant can show the property owner that they’re serious about recovering payment and that, if the dispute isn’t resolved, a lien claim will be filed.

But, if necessary, a filing a mechanics lien may be the best option available. Mechanics liens tie directly to the property that was improved. That means an owner’s passing will not relieve their estate from having to pay the bill since a mechanics lien could still be filed against the land.

Naturally, other claims may be possible – like filing legal action or pursuing the claim in small claims court, to name two common options. But, these options tend to take longer and cost more than pursuing a debt via the threat of a lien or the actual filing of a lien claim, when necessary.

For more information on Ohio lien claims, here are some resources that should be valuable:
(1) Ohio Mechanics Lien Overview
(2) How to File an Ohio Mechanics Lien

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