South Carolina Release of Mechanic's and Materialman's Lien
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How to fill out Release Of Mechanic's And Materialman's Lien?
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FAQ
(B) A mechanics' lien and associated bonds may be released by a court order, a written affidavit of the bond holder's attorney, or by a written affidavit from the defendant's attorney stating: (1) six months has passed since the lien was attached and no suit or notice of pendency has been filed; or (2) the failure of ...
At any time after service and filing of the statement required under Section 29-5-90 the owner or any other person having an interest in or lien upon the property involved may secure the discharge of such property from such lien by filing in the office of clerk of court or register of deeds where such lien is filed his ...
If a mechanic fails to give notice and file within 90 days, the mechanic's right to a lien dissolves. If notice and filing are accomplished, the mechanic must bring a legal action within 6 months to foreclose the lien or suffer dissolution of his lien.
FILING AND SERVING THE SOUTH CAROLINA MECHANICS LIEN The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you may in several states need to provide proof of this service by affidavit and proof of mail delivery.
To perfect a mechanic's lien, the contractor, subcontractor, or supplier must file a notice of mechanic's lien with the Register of Deeds or Clerk of Court of the county where the real property is located and serve the property owner with notice and a copy of the lien within 90 days of the completion of the work. S.C.
South Carolina requires payment to be made first, and that the lien waiver should be in writing. Both conditional and unconditional lien waivers are allowed, as long as the payment associated with the waiver has been met. South Carolina has no requirement that a written lien waiver must be notarized.
A South Carolina mechanics lien is only valid for six (6) months. Unless it is extended, you will need to enforce your lien claim within this deadline. If you get paid, it's a good idea to file a lien release form to discharge your lien claim.
