QUESTION

How can a mechanical lean still be on a estate when we settled an agreement when he sued me indepenteny for the same work done

Asked on Jan 13th, 2014 on Civil Litigation - Ohio
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1 ANSWER

Domestic Relations Attorney serving Lorain, OH
Partner at Sylkatis Law, LLC
1 Award
Just so I make sure I am understanding your question correctly, you want to know why a mechanic's lien is still showing on a property after the contractor filed a lawsuit and the matter was subsequently settled? Mechanic's Liens will continue to attach to the subject property until a Release of Mechanic's Lien or similar such document is filed with the County Recorder releasing the original Mechanic's Lien.  Simply settling the case does not cause the Mechanic's Lien to be released.  If the underlying matter that is the basis for the Mechanic's Lien has been settled and there are is no money owed under the contract that gave rise to the Mechanic's Lien then the lienholder who filed the Mechanic's Lien has an obligation to release the Mechanic's Lien.  Pursuant to ORC 1311.20 the lienholder must release the Mechanic's Lien within 30 days after the amount of the Mechanic's Lien is satisfied and if it is not released within 30 days the lienholder can be liable for damages to the owner.   For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com
Answered on Jan 14th, 2014 at 3:46 PM

The answer provided is not legal advice and it is recommended that you seek advice of an attorney.

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