How do I remove a lien from my property if the contractor’s no longer in business? The construction lien statutes provide a couple of ways to have the lien removed. One is you can transfer it to a cash bond and that way you can remove it from the property and proceed with a refinance. The second way, if you’ve already paid them and you wish to remove the lien, you can file a notice of contest of lien in the public records and the contactor has 60 days in which to file a foreclosure action or else the lien is extinguished. Those are two ways to do that.
The other way if you’ve paid the contractor and to track down to try and get him to sign a release, if you’ve done that, you also whenever you’re refinancing or selling the property, you need to terminate your notice of commencement and then also get a contractor’s final affidavit from whoever did the work for you under the notice of commencement in order to be able to ensure that the title against any construction liens.
If you have a problem with a construction lien and problems with your contractor, give me a call. I’ll be glad to help you and see about getting the transaction closed for you or eliminating the claim of lien. Give me a call at 727-847-2288.