When a lien claim is made, it goes on public record, which ensures that the owner takes action by negotiating with the claimant, disputing the lien, or foreclosing the property. If they try to sell the property without settling the lien, a search of the property’s title will show any prospective buyer or lender that the lien needs to be paid off before a deal is closed.
Laws & Requirements
- Laws: Chapter 38, Article 2
- Signing Requirements (§ 38-2-8): Notary Public
- Time limit for Recording Lien (§ 38-2-7): One hundred (100) days
- Deadline for Enforcing Lien (§ 38-2-34(a)): Six (6) months
Related Forms
West Virginia Notice of Mechanic’s Lien (Subcontractor) – Any subcontractor who has a contract with the general contractor on a construction project can use this notice to file a lien against the property they worked on.
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