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We filed a lien in Ohio but customer says they can just get it removed without paying?

Indiana

We filed lien, and it was recorded in Montgomery County, Ohio, (through levelset) on a customer. The customer stated that it can just be removed. Basically saying that we did not file everything required. Can someone help me with this?

1 reply

Mar 5, 2021

Keep in mind, that once a lien has been filed, property owners and contractors will typically attempt to challenge the claim; regardless of the validity.  

In any case, as long as (a) the Notice of Furnishing (if required) was properly and timely served, (b) the claim was filed within the deadline and (c) served on the property owner within 30 days of filing; then an Ohio mechanics lien claim will be valid (barring any instance of fraud or overexaggeration of the claim).

One last thing to note, is that a property owner or contractor cannot unilaterally remove/cancel a filed mechanics lien without some opportunity for the lienholder to validate/defend the claim. It may be "bonded off" but that only substitutes a bond for the property securing the lien claim; the right to payment still remains intact.

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