An action to enforce a mechanic's lien on real property is commonly known as an action to foreclose a mechanic's lien. Enforcement of this statutory lien by foreclosure provides a method by which one who has added value to real property, due to construction or improvements, may compel payment for the benefit conferred and received. The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Ohio Complaint or Petition to Foreclose on Mechanic's Lien
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Options for Removing Mechanic's Liens Pay to Get the Mechanic's Lien Removed. ... Cancelling the Contract Under Ohio Consumer Law to Remove the Mechanic's Lien. ... Force the Contractor to Act on its Lien by Using a Notice to Commence Suit. ... File a Bond or Cash Deposit with Your County Court of Common Pleas.
An owner of property in the State of Ohio that discovers or is notified of a mechanic's lien filed against his or her property may force a resolution of the matter by filing a notice to bring suit and posting an Ohio lien release bond with the county recorder in which the property is located.
If the the owner does not file a Notice to Commence Suit, the Mechanics' Lien expires after 6 years. After the lien has been satisfied or adjudged against the subcontractor, the lienholder has 30 days to release the lien, or be held liable for damages and costs.
The easiest and most effective way to remove a mechanic's lien on your property is to negotiate with the contractor and settle the lien. If you do not want to pay the contractor money you feel they don't deserve, you can negotiate the conditions of payment.
Aside from paying off a lien, a homeowner generally has three options for dealing with a mechanics' lien: put up a bond to remove the lien from the property, force the lienholder's hand by making them sue on the lien (and in turn have the lien removed if a lawsuit is not filed), or sue the lienholder for wrongfully ...
In Ohio, parties may send a Notice of Intent to Lien to warn a property owner about their plans. Sending this notice gives the property owner a chance to settle the outstanding debts and to sort out the payment dispute before it gets escalated.
The Ohio lien release bond must be issued in favor of the lienholder and executed by a sufficient surety. A petition must be made before the court of common pleas for approval of the lien release bond. A notice of a hearing on the petition must be served on the lienholder or his/her agent.