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When will the mechanics lien go away?

A mechanics lien was filed on my property in the USVI 6 months ago. The lien cannot be supported and is bogus. No action has been taken to "perfect" the lien. Question. When will the mechanics lien go away? Do I have to file something to have it removed? Thanks, Greg Glaves

1 reply

Jul 17, 2020

A USVI mechanics lien is only valid for 90 days after it has been recorded, once this time passes, the claim will expire and no longer be enforceable. However, just because the claim has expired, doesn't mean it has been removed from the property title. The first step would be to send a letter to the lienholder demanding the release of the claim. If the lienholder refuses to release the claim, you can petition the court for the release. Under VI Code tit. 28 §275, if the claim was in bad faith you may be awarded the court costs and attorney's fees associated with securing the cancellation of the lien, along with potential punitive damages. I must admit, I am not extremely well versed in USVI laws. So you may want to consult with a local construction attorney to guide you through the specifics of this process. Good luck!

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