Home>Levelset Community>Legal Help>There are two liens on my property, I have no idea how they got there because I have not been delinquent in any payment
There are two liens on my property, I have no idea how they got there because I have not been delinquent in any payment
There are two liens on my property, one from 1990 another from 2008 and I have no idea how they got there because I have not been delinquent in any payment. Will I have problems when selling, and if so how do I get them off the record?
2 replies
Mar 20, 2020
Mechanics liens have an expiration date, and do not encumber a property indefinitely. In Washington, an action to enforce a mechanics lien must be initiated within 8 months of the date on which the lien was filed. This deadline may not be extended, and if this 8-month period passes without an action being filed to enforce the lien, the lien expires. Under RCW § 60.04.141, “No lien created by this chapter binds the property subject to the lien for a longer period than eight calendar months after the claim of lien has been recorded unless an action is filed by the lien claimant within that time…”
However, that doesn't state that the lien will be dissolved or removed upon the expiration of that time period. Even when a lien is not enforceable, it can still appear on the property record and perhaps throw a wrench in a potential closing. To get a lien removed, it usually requires a petition to the court to order the lien invalid and removed from the property records. This is pretty straightforward once the lien has expired, but it can require the assistance of an attorney to file the required documents.
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Mar 21, 2020
Thank you, does Levelset offer a service to petition the court to order the lien invalid and removed?