Legal Question in Construction Law in Ohio

Mechanics Lien on New Home after closing

We just recieved a mechanics lien on our property/new home. We closed the first of November, and paid for the house in full. The Builder is apparently liquidating/going bancrupt now in Jan. 2007, and the claim is from concrete work done in Oct 5th -23rd. It was filed this first week of January. We live in OH, if state has any revelance.


Asked on 1/10/07, 6:37 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Mechanics Lien on New Home after closing

Dear New Homeowners:

You have every reason to be frustrated. You may now demand the lien claimant discharge the lien, since you have proof you paid in full. If the claimant fails or refuses t6o do so promptly, you may demand he/she/it files suit. Be certain your notice to commence suit is properly preserved, using Certified Mail, Return Receipt etc. If the claimant fails to file within 90 days, you may have the lien dismissed by the County Recorder on the basis of failure to file. You should immedciately retain experienced legal counsel to assist you in this complex procedure.

Good luck!

Sincerely, J. Norman Stark, Cleveland, Ohio.

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Answered on 1/11/07, 6:38 am


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