Clearing Unrecorded Mechanic's Liens Found After Closing in Washington State
If you discover a mechanic's lien on your new Washington property after closing, you must act quickly. Under state law, contractors have a strict 90-day window to record a lien after finishing work. If the lien is invalid or frivolous, you can file a fast-track motion in court to force its removal.
You just closed on your dream home or a profitable investment property in Washington State. A few weeks later, you receive a terrifying notice in the mail: a contractor, plumber, or roofer has recorded a mechanic's lien against your new property for unpaid bills left behind by the previous owner. A mechanic's lien is a legal claim against real estate for unpaid construction labor or materials. Because Washington law allows contractors time to record these liens after the work is completed, they can sometimes appear on the public record right after a real estate closing, creating a massive headache for the new buyer. Understanding how to clear these liens is essential to protecting your property rights.
Strict 90-Day Recording Timelines under Wash. Rev. Code § 60.04.091
Washington State has very strict rules regarding when and how a mechanic's lien can be filed. According to Wash. Rev. Code § 60.04.091, a contractor or material supplier must record their Notice of Claim of Lien with the county auditor no later than 90 days after the last day they provided labor or materials to the property. If a contractor finishes repairing a roof in Bellevue but waits 95 days to record the lien at the King County Recorder's Office, Seattle, the lien is absolutely invalid and unenforceable on its face. The strict enforcement of this 90-day rule was affirmed in the precedent case Intermountain Electric, Inc. v. G-A-T Bros. Construction, Inc., 115 Wash. App. 384 (WA Court of Appeals 2003), which established that the 90-day recording window under Wash. Rev. Code § 60.04.091 is a strict statutory period of limitation that extinguishes the lien right if missed.
Forcing a Frivolous Lien Release
If you discover that the contractor missed the 90-day deadline, or if they are claiming money for work that was never actually authorized, Washington provides a fast-track legal remedy. Under Wash. Rev. Code § 60.04.081, a property owner can file a motion for a 'Frivolous Claim of Lien.' You can file this motion at the local superior court, such as the Clark County Superior Court, Vancouver or the Thurston County Superior Court, Olympia. The judge will schedule a show-cause hearing very quickly-usually within 15 days. If the judge agrees that the lien is frivolous or clearly invalid, they will order it immediately released and force the contractor to pay your attorney fees and court costs.
Suing the Title Company vs. Suing the Seller
When an unrecorded lien pops up after closing, the natural question is: who pays for this? You generally have two main avenues for relief: your title insurance policy or the previous homeowner.
Owner's vs. Lender's Title Insurance Coverage
It is vital to understand the difference between title policies. The Lender's Policy only protects the bank that gave you the mortgage. To protect yourself, you need an Owner's Policy. Standard owner's title policies often contain exceptions for mechanic's liens that were not filed in the public record at the time of closing. However, if you purchased an Extended Owner's Policy (or if the title company required the seller to sign a lien waiver affidavit at closing and failed to enforce it), your title insurer may be obligated to pay off the contractor and clear the lien. If the title company accepts the claim, they will handle the legal dispute with the contractor on your behalf.
Breach of Contract by the Seller
If your title insurance denies the claim, you may need to look to the seller. When a seller signs a statutory warranty deed in Washington State, they guarantee that the property is free from encumbrances. By failing to pay their contractors and allowing a lien to attach to the house, the seller breached the real estate contract and the warranties of the deed. You can hire a real estate attorney to file a lawsuit against the seller for breach of contract, demanding they pay the lien amount plus your legal fees. To explore your options, you can find a dedicated attorney in our catalog of US Lawyers.
Process and Next Steps
Do not ignore a mechanic's lien. Under Washington law, a contractor has exactly eight months from the date they recorded the lien to file a lawsuit to foreclose on your property. If they do not file a foreclosure lawsuit within those eight months, the lien automatically expires and becomes void. However, you cannot rely on them letting it expire. If they do file, your house could be sold at auction to satisfy the debt. You should immediately send a demand letter to the seller, file a claim with your title insurance company, and consult a lawyer to determine if the lien meets the strict 90-day recording requirements.
| Lien Defect | Legal Consequence | Owner Action Required |
|---|---|---|
| Recorded after 90 Days | Lien is completely invalid | File Frivolous Lien Motion |
| No Pre-Claim Notice Given | Lien may be limited or void | Challenge lien validity in court |
| Not Foreclosed in 8 Months | Lien automatically expires | Demand contractor record a release |
| Valid Lien, Unpaid by Seller | Foreclosure risk is high | File Title Claim / Sue Seller |
Frequently Asked Questions (FAQ)
What is a Pre-Claim Notice?
In Washington, subcontractors and material suppliers who do not contract directly with the homeowner must send a 'Notice to Owner' before they can legally file a valid mechanic's lien. Failure to send this notice often invalidates their lien.
Can a contractor foreclose on my house for a small debt?
Yes. Even if the mechanic's lien is only for a few thousand dollars, Washington law allows the lienholder to force a foreclosure sale of the property to recover their unpaid bills, plus court costs and attorney fees.
Should I just pay the contractor to make the lien go away?
You should never pay the lien without consulting an attorney or your title insurance first. Paying it might be viewed as an admission of debt, and you could lose the ability to force the seller or the title company to reimburse you.
Does an expired lien clear from the title automatically?
While the lien loses its legal power to foreclose after eight months, the actual document remains on public record. You may still need to demand the contractor file a formal Release of Lien to satisfy future buyers or lenders.
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