Ohio Code 4733.303 – Enforcement of lien
(A)(1) A professional engineer or professional surveyor holding a lien that has been perfected pursuant to section 4733.302 of the Revised Code may commence proceedings to enforce the lien by filing a complaint in the common pleas court of the county in which the commercial real estate is located.
Terms Used In Ohio Code 4733.303
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Engineer: means a graduate of an accredited engineering curriculum or a person registered as a professional engineer under this chapter, or both. See Ohio Code 4733.01
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Professional engineer: means a person registered as a professional engineer under this chapter. See Ohio Code 4733.01
- Professional surveyor: means a person who is registered as a professional surveyor under this chapter. See Ohio Code 4733.01
(2) The complaint need not initiate foreclosure proceedings on the lien prior to a court determining the validity of the underlying claim.
(B) The professional engineer or professional surveyor shall name as defendants in the complaint all parties who have an interest of record in the commercial real estate that is the subject of the lien, including all parties named in the affidavit required under section 4733.302 of the Revised Code.
(C)(1) The professional engineer or professional surveyor shall file the complaint within two years of the date of recordation of the affidavit required under section 4733.302 of the Revised Code.
(2) Failure to file a complaint within the time specified shall extinguish the lien.
(D)(1)(a) Any person with an interest in the commercial real estate subject to a lien perfected pursuant to section 4733.302 of the Revised Code may demand, in writing, that the professional engineer or professional surveyor commence suit to enforce the lien.
(b) Such a demand shall be commenced by serving the professional engineer or professional surveyor and all parties listed in the affidavit required under section 4733.302 of the Revised Code the written demand. Such a delivery may be made by any means that provides proof of receipt.
(2) If the professional engineer or professional surveyor does not commence the action within sixty days after receipt of the demand, the lien is extinguished.
Last updated July 14, 2021 at 12:51 PM