How to get a mechanic’s lien removed?

I had a deck built around my above ground pool 9 years ago. The contractor in the process of building the deck suddenly stopped showing up and we had to finish the deck ourselves and we stopped payment as the job was not finished. The contracotr upset that he din’t gte all his money for the job decided to put a lien on our house. The contractor has since passed away, and we want to seel the house as we are divorcing. How do we get the lien removed without having to pay as the job was not completed?

Asked on July 3, 2012 under Real Estate Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if a contractor records a mechanic's lien on a work of improvement and fails to file suit within ninety (90) days or so the lien is invalid and not perfected. One way to get the lien released is to have the executor of the contractor's estate record a release of the lien on your property.

If that will not suffice, you will need to file suit against the contractor's estate to declare the lien invalid and have the court order it released. I suggest that you consult with a real estate attorney to further help you in this matter.

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