Posted by KNSC on April 10, 2008 at 13:35:10:
Thanks. I will try that! 
HELP in SC - Mechanic’s Lien Removal - Posted by KNSC
Posted by KNSC on April 09, 2008 at 16:00:16:
I posted this on the main forum, but thought it best to go here instead - hope that’s not a problem!
A PO’d contractor has placed an unfounded mechanic’s lien on a residential property we rehabbed in SC (I know, I know - don’t worry, I’ve learned from this mistake)
Does anyone know of an attorney we can go to to get it removed? I am in a small town and it seems that no one has heard of such a thing.
I know that by State Statute, I can post a Surety Bond to remove the lien from the property and allow the sale of the property. I could even file the papers myself, but the Register of Deeds (who supposedly takes care of this) says they do not keep forms there, and I’d have to find them myself. I’ve tried searching the internet, but all I’ve found is how TO file a lien, not how to UNfile it!
I hope someone can help!
Re: HELP in SC - Mechanic’s Lien Removal - Posted by Malcolm
Posted by Malcolm on April 09, 2008 at 23:56:28:
A quick Google search of South Carolina and Mechanicâ??s Liens turned up an article on Mechanicâ??s Liens written by an attorney in Columbia.
The authorâ??s citation reads: â??Author_Affiliation: Daniel T Brailsford is a partner in the firm of Robinson, McFadden and Moore, PC., Columbia. He can be contacted at 803/227-1107 or dan@robinsonlaw.com.
The URL for the article is: www.allbusiness.com/accounting/3486744-1.html
I donâ??t live in SC and have never heard of the attorney, so youâ??ll have to qualify him yourself should you elect to contact him. If nothing else, perhaps he can refer you to someone closer to your hometown and/or a surety company.
IMO, youâ??ve already received some good leads, but if all else fails, every metropolitan city has a Bar Association that (usually) offers a free attorney referral service. Should you go this route, you REALLY need to qualify any referral, since many attorneys check off huge areas of the law in the referral form as a means of getting leads, and often many of these areas lay outside their specific specialties. (Ask me how I learned this lessonâ?¦.!)
Hope this helps,
Mac
Find and read the law - Posted by John Merchant
Posted by John Merchant on April 09, 2008 at 17:06:35:
Find and read the SC statutes on ML’s and it’ll have all about how to deal with them.
Probably it’d take you all of 5 minutes to find these statutes online.
Typically ML’s have a limited “shelf” life once they’re filed against a property and it’s the burden of the creditor filing it to proceed as per the statutes to collect on the lien…and if not done in a certain time they become dormant and NG.
And Another Thing - Posted by Malcolm
Posted by Malcolm on April 10, 2008 at 24:09:35:
You might take a look at the real estate investors clubs located in SC to see if one is located near you. Their members are often great sources for various referrals.
The listing for CRE’s South Carolina real estate investors clubs is:
www.creonline.com/real-estate-clubs/sc.html
Good Luck,
Mac
Thanks, I have - Posted by KNSC
Posted by KNSC on April 09, 2008 at 17:21:02:
I have read the statutes, thanks, and it seems a fairly simple process to file a Surety Bond to remove the Lien from the property. However, I have had no luck finding the Forms I need to file with the Recorder of Deeds, and am having a tough time finding a surety bond company within driving distance (I’ve found a few on the Internet, so may do that). Once I have the surety bond in hand, seems that all I need to do is record it … but I need the correct forms to fill out and all the Recorder of Deeds could tell me was “you’ll have to have an attorney do that for you”. Need to find an Attorney! And all I’ve called in my little town either have “never heard of it”, “never done one” or “are too busy” to take on the case.
Any suggestions for attorneys in a larger city who can walk me through the process for a fee???
Can’t leave it dormant 'cause I have a closing date scheduled in a couple of weeks.
Form finding ideas - Posted by John Merchant
Posted by John Merchant on April 10, 2008 at 12:51:40:
Since many/most recorded docs these days can be found online, see if you can find another ML that’s been recorded as that’ll instantly show you the form they used and you can quickly copy it.
Also if you’ll find a co. that is frequently filing its own MLs and go talk to the person there who does them, he/she’d probably be glad to copy one they’ve used and walk you through how it’s done in SC.
Have you searched the State website - Posted by Rich-CA
Posted by Rich-CA on April 09, 2008 at 18:15:00:
perhaps they have some forms there. Or one of the larger counties may have a website with a blank form on it. In many cases (not all) I can find the form I want this way. You could also search the county records in a larger county for a bond recording to use as a model for creating you own.
Final suggestion. Do you use Title companies in SC? Perhaps the will have the forms you need. You might also check with the lender as well. If they have used it before its very likely they have it in their forms collection.