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Ask Michael Gonzalez Your Own Question
Michael Gonzalez
Michael Gonzalez, Lawyer
Category: Real Estate Law
Satisfied Customers: 60
Experience:  Managing Member at Perez-Mena & Gonzalez, LLC
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My friend has a mechanics lien on property place is out of

Customer Question

JA: Thanks. Can you give me any more details about your issue?
Customer: my friend has a mechanics lien on property place is out of business she has reciepts of 7000 paid on 8500 balance lien is around 5- years old
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Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Michael Gonzalez replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The contractor has to file a lawsuit to foreclose on the property to enforce the lien. The statute of limitations for filing the lawsuit to foreclose in some states is two years from the date the work was completed. If they have not done so, you need to file a motion to vacate the lien in the court where the property was located.

By the way, partial payment (i.e., $7,000 of outstanding balance of $8,500) will not be a basis to dissolve the lien.

I would recommend consulting a real estate attorney in your area to protect your interests.

Customer: replied 8 months ago.
the company went out of business?
Customer: replied 8 months ago.
u never answered the question
Expert:  Michael Gonzalez replied 8 months ago.

I apologize as maybe some of the introductory information and/or question has been cut off. In either event, I presume you were inquiring on how to remove the lien. Since the lien does not appear to be foreclosed on, then it is now invalid. I would file suit or motion to vacate lien and attempt to serve either last known address for the registered agent of the defunct company. If (or when) that service fails, then you may be able to serve the Secretary of State or other department that regulates corporations in your state.

I would once again recommend consulting a real estate attorney in your area to protect your interests.

Customer: replied 8 months ago.
whats the suit called in south carolina ? mechanic lien waiver? and in what court
once i have court date just take certified mail receipts and payment history to court is this correct
Expert:  Michael Gonzalez replied 8 months ago.

Motion to Discharge Claim of Lien (or if no court action was ever filed by any party then Petition to Discharge Claim of Lien). See applicable statute below:

§ 44A-16. Discharge of record claim of lien on real property.
(a) Any claim of lien on real property filed under this Article may be discharged by any of the following methods:

(3) By failure to enforce the claim of lien on real property within the time prescribed in this Article.

Expert:  Michael Gonzalez replied 8 months ago.

Again, I would recommend a NC attorney guide you through this process.