Legal Question in Real Estate Law in Washington
Mechanic's Lien when Buying a house
Looking at a short sale home
with 11 expired mechanic's lien
on it. Do they have to be
removed even though it's
expired in order for me to get a
loan or will my bank approve
the loan with expired
mechanic's liens on title?
2 Answers from Attorneys
Re: Mechanic's Lien when Buying a house
You can demand in your purchase agreement or an amendment to it that you are taking title free and clear of all liens. It would then be up to the seller to make sure all liens are removed prior to close of escrow.
Similarly, the lender for the buyer can make this part of its escrow instructions prior to close of escrow.
Before you close the escrow, you will want the title company to verify that this has been done. They can do this by showing that lien releases have been recorded.
Re: Mechanic's Lien when Buying a house
If the property in question is in Washington state, you'll need an asnwer from a Washington attorney. However, an even more practical approach might be to ask the bank where you intend to apply. I'd guess as a rule most sophisticated lenders will not regard expired liens as particularly important, but it's up to the lender to decide what's important and what's of no consequence to it.