How do I get a materialmen’s lien removed from my real estate title? Before we address this great question, let me ask whether this question helps us predict the future economy:
Economic Recovery? Before the current economic disaster, clients would call and say there was an old mechanic or materialmen’s lien against their property which they wanted to remove; then, when the economic breakdown occurred, we didn’t get many requests for this service due, in part, to the fact that no one was selling their real estate. Lately, we have been getting more request to void liens in Georgia. Does this mean people are slowly but surely beginning to sell their real estate? I hope so!
Since Georgia’s Lien Laws were substantively changed in March 2009, the answer to the real question depends upon the date that the mechanic’s lien was filed.
How to Void Materialmen’s Liens filed before March 31, 2009: If a contractor or supplier filed a mechanics or materialmen’s lien against real estate prior to March 31, 2009 but he did not perfect his lien rights by (i) filing a lawsuit and (ii) filing a Notice of Action in the real estate records within one (1) year of the last day in which he worked on the construction project, then the real property owner may file a Request to Void Lien with the clerk of court in the county where the construction lien was filed. In addition, a lawyer must search the county real estate records and certify that a Notice of Action was not filed by the lien claimant. Prior to filing the Request to Void Lien and the Attorney’s Affidavit, the lien claimant must be sent copies of the documents to be filed. All in all, it is a fairly straightforward means to have the lien voided, but you must hire a lawyer to assist you with this. If you need to have a lien removed anywhere in the State of Georgia, please feel free to contact the Cobb Law Group to assist you!
How to Void Materialmen’s Liens filed after March 31, 2009: If a contractor or supplier filed a mechanics or materialmen’s lien against real estate after March 31, 2009, but he did not perfect his lien rights by (i) filing a lawsuit and (ii) filing a Notice of Action in the real estate records within one (1) year of the date that the construction lien was filed, then the lien automatically expires, and you do not need to hire a lawyer or make any requests of the clerk of court. The Official Code of Georgia (O.C.G.A.) § 44-14-367 states:
. . . . . Any lien filed after March 31, 2009, shall include on the face of the lien the following statement in at least 12 point bold font: “This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period.” Failure to include such language shall invalidate the lien and prevent it from being filed. No release or voiding of such liens shall be required. . . . . .
If you have any questions, please fee free to contact us at your convenience!
There is a stale lien on the deed to my mother’s house, which I need to sell to repay Medicaid for nursing home expense. The lien was put on in Dec. 2009 and clearly states that it expires in 365 days (no legal action was ever taken to prove it)…but real estate people are afraid it will scare buyers away and/or cause a title insurance problem. Will it tie up closing or title insurance? Can I attach some statement to the deed, explaining that it is expired? This is in Clayton County.
Hello and thank you for your comment; the type of lien which you mention is different that a materialmen’s lien, mechanic’s lien, or construction lien which are the types of liens we address through our Georgia Lien Law and Payment Bond Information blog. You will need to discuss your situation with a lawyer who focuses on elder law. Good luck!