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How do I discharge a construction lien?

| Mar 18, 2021 | Construction Liens |

Sometimes a job does not go the way you want and you have to place a construction lien to ensure you can collect the money due to you. Hopefully, the client resolves the lien fairly quickly.

When this happens, you must then discharge the lien through the proper legal channels. If you fail to do this, it remains and can cause issues for the property owner in the future.

Timeline

According to FindLaw, you have 30 days to discharge the lien. This is from the time the client settles the lien. However, the client may demand a quicker discharge, which is something that could occur if the person wishes to sell the property and needs a clean title. If this happens, you will need to do it within seven days.

If you do not file the discharge, the other party can make a request, but he or she must wait at least 13 months after the deadline for you to file.

Requirements

You will need to supply information about the lien to the county clerk to discharge it. Some of this information you will get from the paperwork you got when you filed, such as the book and page number of the lien listing.

You will provide information about the property and owner, including the location and name. If the person for whom you did work is different than the property owner, then you need to list that person’s name. You must also give the date you filed your claim.

Once you discharge the lien by providing the required information, the clerk will attach a note to the record alerting anyone of interest that it is not active.