How do I discharge a mechanics lien in Ohio if it is erroneous?
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Feb 1, 2022
If you recorded the erroneous lien, you can simply record a release. If someone else recorded it, and if you can’t persuade the lienholder to release it, your best option may be to serve the lienholder with a Notice to Commence Suit. That procedure requires the lienholder to essentially “put up or shut up”: if they don’t file suit to foreclose on their lien within 60 days, the lien is extinguished. Let me know if you wish to discuss.
Someone else recorded it. What would they need to file a suit? Don't they need proof that I owe what they say?
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Feb 1, 2022
Yes, they would. So if they do not have that proof, they might not file a lawsuit, in which case the lien would be extinguished 60 days after you serve your Notice to Commence Suit. A lot of lienholder as who file bogus liens will abandon them once they are required to prove up the lien.
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Feb 1, 2022
What would they need to prove it?
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Feb 1, 2022
Generally speaking, they would need to prove a breach of contract. In other words, that they performed work pursuant to a contract for an improvement to the property they liened, that they are entitled to payment for that work, and that they did not get paid for it.