Legal grounds to have a construction / mechanics lien discharged or vacated....
In order to get the lien discharged, you need to apply to the court with grounds for having it discharged or vacated. There are four (4) basic grounds that can be summarized as follows:
1. Certificate of Satisfaction of Lien filed by the Lienor
2. Failure of the Lienor to begin an action to foreclose within 1 year
3. Order of the court for neglect to prosecute (basically the same as two above).
4. Either before or after the beginning of an action by the owner or contractor executing a bond or undertaking in an amount equal to one hundred ten percent of such lien conditioned for the payment of any judgment which may be rendered against the property for the enforcement of the lien.
If a year has passed, then apply to the court...
You can apply to the court by purchasing an Index Number and filing an Order to Show Cause / Motion to Discharge Mechanics Lien... If the opposition doesn't show up then you should be granted a judgment by default. If the opposition does show up they need to explain why the grounds you've stated in your application do not allow you to have the lien vacated or discharged.
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