A contractor that did poor quality work placed an initial mechanics lien on my property. The contractor did not move to perfect the lien within 180 days. How do I remove the lien on my property title? I live in North Carolina. Thanks!
That is a great question and one we have received in the past. First I want to differentiate between perfecting a lien and enforcing a lien. Perfecting a mechanics lien merely requires a filing in the property records in the county in which the work was performed. Enforcing a lien requires an actual lawsuit. Basically, a lien may be perfected regardless of the validity of the claim. Yet, the enforcement of a mechanics lien requires legal action, an owner will have the opportunity to challenge a legal claim before it is enforced without further scrutiny.
Next, if the mechanics lien filed was not enforced then the lien will expire after a certain amount of time if not enforced. In North Carolina, a lien will expire if it is not enforced. In North Carolina, an action to enforce a mechanics lien against real property must be initiated within 180 days after the date of last furnishing labor or materials to the project. Yet, that doesn't mean that the lien will simply disappear. Rather, a lien claim will often linger in the property records if it is left unattended. The owner of the property can take legal action to have the lien removed, and the owner may also put pressure on the party who filed the lien to remove the now-invalid lien. You can learn more about how a mechanics lien affects the property title here.