A MECHANIC LIEN 3/22/2011 2:29:00 PM was put on my property. I disputed the quality of the job performed and had the state come out and inspect it. it failed he refused to come out and fix it so I refused to pay him and now I wish to sell the property is it still a problem after all this time or has it dropped off? We both got legal support at the time we never went to court not a big enough claim and that was the end of it 9 years ago.
Indiana mechanics liens must be enforced in co urt within 1 year of its filing. Since the lien was recorded well over a year ago, the lien has expired and can no longer be enforced.
However, an important thing to keep in mind is that although the lien has expired, it will still come up on a title search. A prudent title company will realize this, but you may still want to get the claim released from the title to reassure any potential buyers.
To do so, you can file an affidavit with the county recorder's office where the lien was filed (the county where the property is located), under Ind. Code §32-28-6-2. The affidavit should reference all of the lien claim information and include a statement declaring that "no suit for the foreclosure of the lien is pending and that no unsatisfied judgement has been rendered."