Legal Question in Real Estate Law in Ohio

Re: Releasing a mechanic�s lien

Dear Anonymous Inquirer: Your Attorney should have already sent your errant former contractor the Notice to Commence Suit. This section of Ohio law provides that if the lien claimant fails to commence suit within 90 days after such notice, the lien may be discharged by the County Recorder, as a matter of law.

Here's the law, in pertinent part:

� 1311.11 Ohio Revised Code Title 13: Commercial Transactions Chapter 1311: Liens

Section 11

Effective Date: 04/10/1991

� 1311.11 (A)(1) The owner, part owner, lessee, mortgagee, or any other person with an interest in real property upon which a lien has been taken, or any original contractor or subcontractor who has provided a bond, cash deposit, general obligation of any state government or of the United States government, obligation insured by an agency of the United States government, or other reasonable security in accordance with division (C) of this section, may notify the lienholder to commence suit on the lien, by written notice delivered to the lienholder in one of the following manners:

(a) At the address of the lienholder as shown in the affidavit of lien;

(b) Through his agent indicated on the affidavit of lien;

(c) At any later address of the lienholder that has been delivered in writing to the owner, part owner, lessee, mortgagee, other person with an interest in the real property, original contractor, or subcontractor....

Good luck.

Sincerely, J. Norman Stark, Cleveland, Ohio.