Liens are pesky creatures and if your property is plagued by one, you probably are looking for methods to remove it. Sometimes liens can be erroneously placed on your property or the claimant neglects to ever enforce the lien. Therefore, by filing an Affidavit of Lien Cancellation, you swear to the court that the facts behind the lien justify its cancellation.
If any lien is filed, and no action to foreclose the lien has commenced, the owner of the land may file a petition in the district court of the county in which the land is situated, naming the lien claimants as defendants, and requesting the court for an decision of the lien, and if the lien claimant fails establish a lien, the court may tax against the claimant the whole, or a portion of the costs of the action as may be just. O.S. 42-177.
Liens also can be cancelled by becoming time-barred. If no action to foreclose or settle the lien is filed within one (1) year from the filing of the lien, the lien is canceled by limitation of law. Id. If a lien is canceled by limitation of law, the owner of the land may file an affidavit proving its cancellation with the county clerk of the county in which the land is located. Id. Upon receipt of the affidavit, the county clerk will attach the affidavit to the original lien document in the lien docket file and enter a notation of the filing in the mechanics' lien journal. Id.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice from a legal professional. If you have questions about cancelling a lien, or any other issue related to liens in Oklahoma, please contact an attorney.
Deeds.com Oklahoma Affidavit of Cancellation of Lien Forms Have Been Updated as Recently as Monday September 16, 2019
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