Legal Question in Credit and Debt Law in Virginia

Re: property liens by contractor

If it has been filed with the county where your property is located it will around until you try to sell your house or try to refianance. Once you do either of these a title search company will ask you about it and ask you to clear it up.

Re: property liens by contractor

Depends on the status. A memorandum of lien has to be filed within 90 days of the end of the month in which the work was last performed. Suit to enforce the lien has to be filed within 6 months of filing the memorandum. If suit was filed, it has to be served within one year of filing, although it can be non-suited even after that, and then re-filed within 6 months of the nonsuit. Once it is served (and answered), it can be dismissed for inactivity if not pursued for 2-3 years.

Often, contractors will file memoranda of liens in the hope that the owner will need to sell or refinance within the 6 month window, but will not incur the expense of filing suit to enforce. After that, most title companies will ignore the lien as being expired.