QUESTION
How long does a lien remain in an open case?
Asked on Oct 08th, 2012 on Foreclosures - Michigan
More details to this question:
I have had a lien filed 2 years ago on my property when the builder did not pay the sub contractor. They filed it in court but they have never taken it before the judge. So there is no judgment, it has been 18 months, they haven't done anything. Will it just stay an open case forever? Or do they have to refile or something? Can I get it removed?
3 ANSWERS
Trial Practice Attorney serving San Diego, CA
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Bagula, Riviere, Coates and Associates, LLP
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If the court case is still going, then the lien can remain. The case needed to be filed to properly prosecute the lien. Most court cases finish now in from one to three years. If the Plaintiff contractor is not taking action in court, you may be able to seek dismissal.
Answered on Oct 11th, 2012 at 1:46 PM
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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The lien remains until the case gets dismissed or reduced to judgment. If reduced to judgment, the lien can be executed upon and the Sheriff may be able to sell the property. However, with your homestead on the property this is unlikely.
Answered on Oct 11th, 2012 at 1:36 PM
Construction Attorney serving Bloomfield Hills, MI
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Law Offices of Jeffrey Z. Dworin
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If a lienor does not initiate an action to enforce a lien within one year after recording the lien, the lien cannot be foreclosed upon. Essentially, it is no longer an encumbrance on your property. You may, if you wish, file an Affidavit of Non Action at any time. it will only matter, if at all, when you refinance or sell the property, and the affidavit can be filed at that time.
Answered on Oct 10th, 2012 at 1:33 PM