What are the significant deadlines after the Lien is recorded to be aware of?
A copy of the Claim of Lien must be served on the owner within fifteen (15) days from the date it is recorded. Thereafter, a lienor must file a lawsuit to foreclose the Claim of Lien within one (1) year from the date it is recorded unless a “Notice of Contest of Lien” is served on the lienor by the owner. A “Notice of Contest” shortens the statute of limitations to sixty (60) days after it is recorded. If a lienor fails to file a lawsuit within one (1) year of filing a Claim of Lien or sixty (60) days from recording a Notice of Contest, the Claim of Lien is subject to dismissal. This is a favorite tactic for Owners looking to dismiss liens filed by uninformed lienors. Owners may also shorten the 1 year time period by filing a Complaint for an order to show cause in which the clerk of court issues a summons to the lienor to show cause within 20 days why the lien should not be enforced by action or vacated. The lienor seeking to satisfy the order to show cause typically files a lien fore
Related Questions
- What happens when the escrow company or title company discovers a judgment lien or abstract recorded against an obligor who is buying, selling or refinancing a piece of real property?
- When the escrow company discovers the support lien or abstract of judgment recorded by DCSS, whom do they contact and what information do they need to request a "demand"?
- How will I know that all significant transactions have been properly processed and recorded?
