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mechanic lien has expired

AlabamaLien Deadlines
Anonymous Contractor

The pool company that installed my pool decided they were done with it without finishing. They have now put a mechanics lien on my property. However it is now 7 months almost 8 from file date. Nothing else has been done. Shouldnt the mechanics lien be expired and taken off now. From what i have read it looks like a mechanics lien is only good for 6 months.

1 reply

Alex Benarroche
Construction Lawyer
Levelset Admin at Levelset
| 335 reviews
Jun 2, 2020
You are correct, an Alabama mechanics lien is only enforceable for 6 months after the amount stated in the claim became due. Once this 6-month period passes, the AL lien will no longer be enforceable. However, that doesn't necessarily mean it has been removed from public record. A title search will likely produce the lien, although prudent title companies will know that the lien has expired. A demand letter for the removal of the claim should be sent to the lien claimant. Once received, the lienholder is required to file an Alabama Lien Release form within 30 days. If they fail to do so, under Ala. Code §35-11-231, the owner can file an action to have the claim removed, and can be awarded any actual damages caused, which will be at least $200.
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...
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