Edit Legal West Virginia Liens Forms For Free

A judgment lien is created automatically on debtor property that's located in the West Virginia county where the judgment is entered. For property in other West Virginia counties, the creditor records an abstract of judgment with the clerk of the court in the county where the property is located.

In West Virginia, contractors, subcontractors, and suppliers of labor and/or materials by virtue of a contract with the property owner, or a contractor or subcontractor under such contract on a project to build, erect, construct, alter, remove, repair or improve a building, structure or improvement are entitled to lien ...

Virginia law (§ 43-1 et seq.) permits persons who have performed labor or furnished materials for the construction, removal, repair or improvement of any building or structure to file a lien against the property.

A Virginia mechanic's lien may have the highest priority of any in the United States. The mechanic's lien claimant will have priority over the construction loan bank. The Virginia mechanic's lien will also survive a foreclosure or any other sale of the property.

Court Petition to Release the Property Lien If the lien claimant doesn't remove the invalid lien, and the time has expired to record the mechanics lien and take action to foreclose, you may petition the court for a decree to release the property from the lien.

It is recorded with the County Recorder's office by the unpaid contractor, subcontractor or supplier. It means that any of these unpaid entities can claim a lien against the property until they are paid. The prime contractor has a direct contractual agreement with the property owner.