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How do I remove a mechanics lien from my property

My deceased mother fell behind with her HOA assessments. The HOA and their lawyer filed a mechanics lien against t he property. The HOA and their lawyer filed a lawsuit against my mother. However she passed away and the lawsuit was dismissed due to no action. It has been more than six months. Which makes the lien invalid. How do I have the lien removed?

1 reply

Jan 10, 2021

If it is an HOA lien, then it is unlikely that it is a mechanic's lien. It is more likely to be a lien based on assessments levied by the HOA and unpaid by the homeowner. Those are two different animals. But, to answer the question that you asked, a mechanic's lien must be foreclosed within six months after its recorded. Once the six months passes, you can send a written demand that the lien be released otherwise there is a $5,000 fine. If the HOA refuses to release the lien, then you file what is called a lawsuit to quiet title asking the court to rule that the lien is void. In the case of a lien based on HOA assessments against the property, then the HOA has six years to foreclose on the lien. Depending on why the court dismissed the lawsuit that was filed, what Rule of Civil Procedure the court relied on, what year the assessments were owed for, and when the lien was recorded, the court's dismissal might be the end of the issue, but it is also possible that the HOA can just refile the lawsuit again. To answer these questions you need to talk to a lawyer. Feel free to call or email me if you want to go that route: 602-234-7849 jab@jhc.law

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