How do you get a Mechanics Lien Removed? (refinance, attorney)

[C.L]

Had a mechanics lien placed on my property when a contractor walked off a job with my money and didn't pay his subcontractor. Didn't find out until I tried to refinance my mortgage. I was told by the title company that after a year's time if the subcontractor has not made any attempt, through court to recoup his monies, then the lien becomes invalid and can be dismissed. It has been over a year and the lien is still active on my property. Any suggestions on how to get this removed? I called the county (henrico) and they told me to "ask a lawyer." No one there had any clue and they acted like this was the first time this was ever asked of them. Obviously, there is no way I am going to pay this subcontractor. Thanks for the help.

[Pruzhany]

Here's a link that may help

The law requires that a subcontractor send the owner notice of the lien, therefore, so that the owner can protect itself.

Mechanic's Liens in Virginia - Fullerton Law

[snatale1]

Originally Posted by C.L

Had a mechanics lien placed on my property when a contractor walked off a job with my money and didn't pay his subcontractor. Didn't find out until I tried to refinance my mortgage. I was told by the title company that after a year's time if the subcontractor has not made any attempt, through court to recoup his monies, then the lien becomes invalid and can be dismissed. It has been over a year and the lien is still active on my property. Any suggestions on how to get this removed? I called the county (henrico) and they told me to "ask a lawyer." No one there had any clue and they acted like this was the first time this was ever asked of them. Obviously, there is no way I am going to pay this subcontractor. Thanks for the help.

Did you sign a contract agreement with the sub? If you hire a contractor and he hires a sub, the sub cannot legally put a lien on you, unless he has a signed contract with you. He can only sue the prime contractor. You have every right to hand him his ass legally for doing so, as well as the county for allowing it to be placed. I'm a self employed contractor.

[C.L]

NeilVa, Snatale1 Thanks for information. Subcontractor was never contracted by me. Never told me about lien. My contractor walked of job with my money. Attempting to take him to court now to get money back on work I had to pay to have completed. Trying BBB which has legally binding mediation process. Anyone have luck with that? Still need to know what the process is to have lien removed. Obvious this subcontractor didn't follow the correct course of action, but is there any one I can contact or petition to have it removed. Never do work with Virginia Home Improvement INC. I have already testified in court for other people he has wronged.

[Kmil10]

I have the exact same question....how does an invalid mechanic's lien get removed? Seems unfair to allow liens to be placed by sub contractors without notice and worse that the best advice county clerks can give is to consult with an attorney. Anybody have experience with these and willing to share?