Q.How does a property owner remove a Mechanic's Lien or Stop Notice?

A.Once a Mechanics' Lien has been recorded, the claimant must file a court action to enforce the lien within 90 days. If no court action is filed within that time, the lien is no longer valid. However, many title companies require the property owner to have the lien removed before they will clear title. Consequently, even invalid liens can make it difficult if not impossible to refinance or sell the property. The easiest way to remove the lien is to send the lien holder a certified letter return receipt requested demanding the lien be removed, stating the reasons why, and reminding the lien holder that if the lien is not removed and you have to get an attorney to remove it, the court can award you attorney fees of up to $2,000. If the lien holder refuses, the property owner will have to petition the court to release the property from the Mechanics' Lien. This is a complicated process that will likely require the services of a licensed real estate attorney.

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