How to Get a Mechanic's Lien Removed in Virginia
Liens filed on private properties in Virginia are known as mechanics’ liens. A mechanic’s lien filed in this state about work performed on privately owned property encumbers and attaches to the fee simple ownership of property. If materials or labor worth $50 or more are used for the repair, removal, construction or improvement of a permanent building next to a railroad or real estate, the persons involved are entitled to file a Virginia mechanic’s lien. Virginia mechanic’s lien rights extend to architects as well. A Virginia mechanic’s lien makes it difficult to refinance or resell private property without first removing the lien.
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Things You'll Need
- Sworn affidavit to release the lien
- Letter of demand (optional)
- Procedure to file a law suit
- Procedures to place a bond
Instructions
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Discuss a settlement with the lien holder for a part or full payment of the lien, if it is considered valid and is not disputed. A sworn affidavit to release the lien will then be issued. This is the most appropriate way to remove a mechanic’s lien that was filed timely and in accordance with property codes.
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Send a demand letter to explain why the lien is invalid, if this is indeed the case. There are numerous reasons why a lien may be considered invalid, including incorrect timeframes, procedures and fraud. Such a letter should include a threat to file a suit against the lien. This type of letter is often enough to have the lien removed.
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File a suit to remove the lien if the letter of demand is not successful, but be aware that lawsuits can be lengthy and costly. If the lien holder did not use the correct statutory language or did not comply with the deadlines, the process will be relatively simple, but it can take time before your case is heard by a judge. If the dispute involves a disagreement with the contractor on the basis of costs, all the events that lead up to non-payment will need to be considered and the case will be very lengthy.
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Place a bond around the lien pursuant to Virginia Code § 43-70 or § 43-71. The general contractor or property owner can easily do this, as it is not necessary to prove anything. The court will simply remove the mechanic's lien and it will be replaced with a surety or cash bond.
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