We had a LIEN-MECHANICS/SUB place on our home by a horrible contractor. He did it just to make our lives miserable. The was in Jan. 2016. The lawyer we had at the time went in 2018 to court just after the 2 years was up. However, I went to look at Lake County and the Lien is still showing. How do I get this removed, we are listing our home in the next two weeks. I am not understanding how a lien abandoned by the contractor is still lingering now. I am concerned. Thank you.
You have a couple of options.
1. You can serve a notice and demand to commence suit within 30 days of service. If the contractor does not commence suit within the 30 day period, the lien claimant demands that the lien be released within ten days. If the lien claimant does not release the lien the owner must file suit to release the lien of record. The lien claimant is entitled to its attorney’s fees. This option will not help you prior to closing.
2. The second option is to convince the title insurance company that the lien claimant has not timely filed suit and it should insure over it. The lien claimant may have to put up a title indemnity and one and a half the amount of the lien claim.
Hope this helps. (630) 854-9890 (Cell)