Legal Question in Real Estate Law in Ohio

Builder convicted felony, fired, now claims a lien

Order of the facts: Entered into a contract with a GC to build a home on property I own; 4 months into project we notice many discrepancies in invoices & payments for work not completed or completed sub-standard; tensions rise and GC assaults/robs me on property and is charged w/2nd degree robbery/assault; we notify him he is fired; he slaps a mechanics lien on the property on the 60th day from the assault, claiming last day of work (I was there w/witnesses all day, he was not). He is convicted of 3rd degree robbery & sentenced. I complete the home myself but cannot clear title and construction lender wants payment. I've requested Summary Judgment but trial date is set 6 mos out. So while we wait, foreclosure begins. Is there any immediate remedy to removing the untimely lein?


Asked on 9/05/07, 2:02 pm

1 Answer from Attorneys
Robert Rosplock Rosplock & Perez

Re: Builder convicted felony, fired, now claims a lien

You need to serve the builder with a notice to commence suit. if he does not file to foreclose his lien, it will be removed. The paperwork is very technical. I suggest you contact an attorney.

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Answered on 9/05/07, 2:17 pm


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