The mention of a 60th day leads me to believe a Notice of Contest of Lien may have been recorded limiting the time for the lienor to enforce the claim of lien by filing a lawsuit. In the absence of a lawsuit, after a properly recorded Notice of Contest of Lien has been served on the lienor, the Claim of Lien is no longer enforceable and is no longer an encumbrance on the property. Regardless, more information is needed to properly answer the question.
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Anonymous Contractor
Question Author
May 12, 2020
I'm the owner of the property. The lienor didn't file a lawsuit within the 60 days. Is the lien aromatically released or do I the owner of the property have to submit any other paperwork in addition to the contest of lien already submitted 60 plus days ago?
In short, no. The lien is extinguished automatically IF a lawsuit was not filed. That said, with Covid-19, you should probably contact the Clerk's office to be 100% sure no suit was filed. Last year, with no Covid-19 crisis, it was a month before I learned that my client's contractor actually HAD filed suit on the 60th day, but because he had not paid the filing fee originally, the lawsuit did not show up for a couple of weeks after I had checked. (And no, the fact he was late paying the filing fee did not cost him his lien. Believe me, I checked.)
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