A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In West Virginia (WV), a lien is a legal claim against property to secure payment for a debt or fulfillment of an obligation. One common type of lien is a mechanic's lien, which contractors, subcontractors, or suppliers can file when they have not been paid for labor or materials used in improving real property. To enforce a mechanic's lien in WV, the claimant must file a Notice of Lien with the county clerk in the county where the property is located, typically within 90 days from the last day of providing labor or materials. Another type of lien is a homeowners' association (HOA) lien, which an HOA may place on a homeowner's property for unpaid dues or assessments. The process for enforcing an HOA lien in WV involves providing notice to the homeowner and, if the debt remains unpaid, potentially initiating foreclosure proceedings. It's important to note that lien laws are subject to change, and specific procedures and timeframes must be followed to enforce a lien legally. An attorney can provide guidance on the current regulations and assist with filing or defending against a lien in West Virginia.