subscriptions@djpia.com (Richard) wrote in message news:<5bec600b.0311031009.2d500c8e@posting.google.com>...
I understand that if a contractor files a lien, he then must file a
suit to collect the money owed within 12 months. But I can not find
what happens if he does no file suit. I have a two year old lien that
is clouding my title for a refinance. The contractor has never
attempted to collect and is not do all he was asking plus could not
substantiate some he was trying for. He was fired for not completing
the job in a timely manner and for bad workmanship. Is there a way
have a judgement to set aside the lien, and how long might that take?
This is often called a "lien release" or "quiet title" suit. Exactly
how you pursue it is a matter of local law; a typical approach is to
file a petition claiming that the contractor has failed to foreclose
on the lien within the required time and has refused to release the
lien (or cannot be located). You would get a hearing, at which the
judge would order the lien released.
Even if you know the local procedures and are confident in your
ability to follow them to the letter, it would be wise to engage an
attorney to make sure it is done right. This is especially so if you
have a time-sensitive transaction such as a refinance pending.
--
Not a lawyer,
Chris Green
