I am trying to buy a house. Title company say that the seller name has a mechanics lien. They don't know if that is the seller because their is few same names. They have send some paperwork up state to look her up any one know how long that may take? The lien date executed was 09/07/2001. That would be 13 years ago would it expire. I don't know what to do or they doing something behind back or walk away from the deal? In the contract will close on the 07/31/2013 it is now 07/16/2013 I don't know what to do next.
Real Estate Attorney
They expire in six years. More information is needed, though, to really sort out what is your best move. It should be clear if the lien is against the property due to the need for a legal description on the lien. Feel free to contact me to see if we can help. Key documents include a copy of your purchase agreement and a copy of the lien.
This response does not constitute legal advice and does not create an attorney-client relationship.
Real Estate Attorney
I agree with my Colleague on his answer
My question is to the title company
- why was it listed on the title commitment / the lien has long expired and they are not renewable
Construction / Development Lawyer
A Mechanic's Lien expires on the sixth anniversary of the date that it was recorded with the County Recorder. I have attached a link to the statute that provides that language. You should be able to take that to the title company. It is surprising that they don't already know that. In that same section of the Ohio Revised Code, 1311.13, but in paragraph (H), the County Recorder is even given the authority, "to destroy the record of all mechanics' liens which have been recorded for a period of ten years or longer." Clearly, a mechanic's lien that was filed 13 years ago is now dead, unless a foreclosure action was filed prior to the expiration of the original 6 years. Mechanic's Liens, unlike many other kinds of liens, are not renewable. When they expire, they are gone.
If you still need help after you take this to the title company check Avvo for a local, well-respected real estate lawyer. This sounds like it shouldn't be a problem.
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