Asked in Construction Law and Real Estate Law for Tennessee

Q: Is there a window of time that a contractor has to foreclose on a lien filed in TN? It’s been 8 yrs since it was filed.

The lien was filed by a contractor who was paid in full by the insurance company after a rebuild from a fire. He didn’t have the capital to continue after the first draw was received so we wrote letters to the insurance company to secure funds to continue several times. The job wasn’t completed yet he filed a lien. The arbitration wasn’t successful and we’ve heard nothing in reference to foreclosure in over seven years. Can we get the lien released?

1 Lawyer Answer
Anthony M. Avery
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  • Knoxville, TN
  • Licensed in Tennessee

A: Best advice is to hire an attorney to draft a M & M Lien Release, and a demand letter. Send it to all possible addresses of contractor, as personal service may be a serious issue. If refused, then file suit to declare the lien extinguished for not being executed upon in the statutory period. Publication Service may be necessary. I assume you are the owner. Unfortunately the latter is your only recourse for lien removal, outside of a cash compromise.

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