South Carolina Satisfaction of Mechanic's Lien
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FAQ
The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.
To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the lien.
In South Carolina, a claimant who has filed a mechanics lien will have 6 months from the last day on which the claimant furnished labor and/or materials to the project to enforce their lien.
No, your lien should not include interest, attorneys fees, or late fees. Just the principal amount of your claim for labor, materials, services and/or equipment..
Mechanic's liens create a cloud on title, meaning that they appear in public property records. Liens are sometimes said to travel with the land, meaning that anyone who buys your house would take the property subject to the contractor's lien (or, more likely, demand that you pay it off first).
The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.
A South Carolina mechanics' lien claim must be filed within 90 days after completion of the contractors work. A lawsuit to foreclose upon the South Carolina construction lien must be brought no later than 6 months after the claimant ceases to furnish labor or materials.
Subject to some exceptions, a lien for materials, services, or wages may be registered any time up to 45 days from the day the last materials, services, or wages were provided, or since the contract was abandoned. After those 45 days elapse, the lien expires.
To perfect a mechanic's lien, the contractor, subcontractor, or supplier must file a notice of mechanic's lien with the Register of Deeds or Clerk of Court of the county where the real property is located and serve the property owner with notice and a copy of the lien within 90 days of the completion of the work. S.C.