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What does a Notice of Cash Bond mean in regards to a lien I filed but have not received anything

They are closing on the house today. I was scheduled to pick up a check & sign the release. I received an email yesterday from the title company, that said after running a “pre-closing gap”, they show the lien has already been paid. I pull up the filing & see that cash was with the Oklahoma County Clerk for the purpose of discharging the lien. I cannot get the clerks office to tell me what the next step is for me to receive the funds. How can a lien be released if I haven’t been paid?

1 reply

Apr 6, 2020

It's extremely common for a property owner to bond off a mechanics lien that's been filed against their property. But, a mechanics lien being bonded off doesn't mean that your rights to payment disappear - the process just changes a bit. As for changes going forward - an Oklahoma mechanics lien claimant whose lien has been bonded off will mostly be in the same position that they were in before. The claimant is still free to negotiate payment, try to come to some resolution with the owner, or they can file suit to enforce their claim. However, if a lien enforcement suit becomes necessary, that suit would now be enforced against the bond rather than against the property, itself. Practically, that shouldn't change the enforcement process too terribly much - and the deadline to enforce a bonded off lien claim is the same as the deadline to enforce an ordinary Oklahoma mechanics lien (1 year from the date when the lien was recorded). If it doesn't look like the dispute can be amicably resolved, or if you simply want help negotiating a deal or with bringing an enforcement suit - it'd be wise to consult an Oklahoma construction attorney. They'll be able to review the situation and advise on how best to move forward.

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