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can a property owner living in a gated community have a roofer's mechanic Lien disolved for failure to personally serve

South Carolina

Can a property owner upon whom a Mechanic Lien has been recorded in Charleston County dissolve the lien for roofer's failure to have the Lien personally served on the property owner

2 replies

Dec 17, 2020

Yes, a property owner can have a mechanics lien dissolved unless: 1) the lien is served on them or the person in possession within 90 days of the last date of work or 2) you have a Sheriff's affidavit stating neither the owner nor the person in possession can be located.  

Service can be accomplished through multiple means in accordance with Rule 4 of the South Carolina Rules of Civil Procedure. For gated communities, Sheriff's service is always a good option, but they are not typically quick so one needs to be careful with respect to the 90 day limitations period.

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Dec 17, 2020

Counting forward from the date the roofer last performed work on the property which was Sept 18, 2020 to the date the lein was served by a process server which was December 17, 2020. this date of service is ....91 days......is the lien valid!!!!

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