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A filed lien without notice to owner...

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Anonymous contractor
Oct 15, 2020

I hired a contractor to do attic insulation. They did not complete the job the first time, or even the second or third. They fell through the ceiling causing significant damage, had to return multiple times. They filed a lien on my home before completing the job and claimed in their lien they served us with a notice to owner, which they did not. They did come and complete finally after they filed the lien, it is still not done to contract, but at this point, I want to put it behind me. I requested a release of lien and of course, they want payment first. It isn't an issue except I don't trust that they will lift the lien immediately. My main issue is that they claim to have sent a notice to owner, which they did not. What do I do? I am also a contractor and I have never had to file a lien, but I always send out my notices. I just am not sure I trust he will release it. There is no trust there and he blatantly lied on a notarized lien that he sent a notice.

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Anonymous contractor
Oct 16, 2020
Arrange a physical meeting in a safe place with a witness. Tell him to bring the fully executed release of lien. Read and verify that the release is valid and describes your property. Ask him to physically hand you the lien release while you hand him the check. Tell him you are delivering the check only if he gives you the release of lien. Have your witness observe it all. If you don’t trust him, that’s be best option. You could appoint an escrow agent but that’s complicated.

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