How do I discharge a mechanics lien in Ohio if it is erroneous?
5 replies
Feb 1, 2022
If you recorded the erroneous lien, you can simply record a release. If someone else recorded it, and if you can’t persuade the lienholder to release it, your best option may be to serve the lienholder with a Notice to Commence Suit. That procedure requires the lienholder to essentially “put up or shut up”: if they don’t file suit to foreclose on their lien within 60 days, the lien is extinguished. Let me know if you wish to discuss.
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Feb 1, 2022
Someone else recorded it. What would they need to file a suit? Don't they need proof that I owe what they say?
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Feb 1, 2022
Yes, they would. So if they do not have that proof, they might not file a lawsuit, in which case the lien would be extinguished 60 days after you serve your Notice to Commence Suit. A lot of lienholder as who file bogus liens will abandon them once they are required to prove up the lien.
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Feb 1, 2022
What would they need to prove it?
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Feb 1, 2022
Generally speaking, they would need to prove a breach of contract. In other words, that they performed work pursuant to a contract for an improvement to the property they liened, that they are entitled to payment for that work, and that they did not get paid for it.