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False Lien On Home

North CarolinaLawsuitMechanics Lien

Hello We had a contractor do some work on my dads home that passed away last year.. We had no contract He did horrible job we had to finally get the sheriffs dept to have him removed on March 18th, 19 . I have the CAD Report for the sheriffs dept along with my text to him showing hes to remove his items that day .. He had 120 days and his 120 days was up around July 16th But he filed a Lien on the home on July 22nd and also Falsely reported on the lien that he bought appliances and cabinets Which he did not I have all receipts etc showing for each item I purchased. We are trying to sell the home it was part of the estate and trying to do so before foreclosure the bank has called the full note due. He did get an attorney to send us letters. The court house says we cant do anything on our own to have removed and need an attorney. He is 100% filled a False Lien from the date he says he was removed (I have the CAD Report and Text showing the actual date) Also falsely filing that he purchased those items. I just need to see if I can find an attorney to send a letter to the Attorneys office he used stating these facts and demanding this False Lien be removed. He has created tons of Hardship from day 1 and now this... We dont know what else to do we are trying to get the home sold before foreclosure sets in.. ? This had caused us undo stress from having to not gotten to properly grieve of my fathers death , the bank and his mess... He does have Criminal and civil cases as one on criminal is him filing false police report of stolen items which we didnt find out until after having him removed. Our Money is very limited because all this has caused Thanks for your time

1 reply

Aug 5, 2019
I'm really sorry to hear about that - I can't imagine how frustrating that all must be. If you're searching for a North Carolina attorney that might be able to help, here are some valuable online resources: Avvo, Justia, Super Lawyers, and FindLaw.

North Carolina mechanics lien requirements
It might be helpful here to clarify some North Carolina mechanics lien requirements. For one, the deadline to file a North Carolina mechanics lien is 120 days from the last date when labor or materials were furnished to the project. This last furnishing date does not tie to the last date when any of the tools, equipment, or materials happened to be on site. Rather, it relates to the last date when work was performed at or materials were furnished to the project. So, it's worth noting that the 120-day clock may have actually started earlier than the date indicated in your question if work had ceased before a contractor's equipment was removed from the property. In any event - if it can clearly be showed that more than 120 days passed between the last furnishing and the date the lien was filed, that lien would not be valid or enforceable.

Further, mechanics liens that exaggerate the amount that is owed are also invalid and unenforceable. Specifically, under § 44-A24 of the North Carolina mechanics lien statute, someone who falsely exaggerates what is due in a written statement attempting to recover payment (like an invoice, pay application, or even a lien claim) will be guilty a Class 1 misdemeanor and their lien will be tossed aside. Further, when a false claim has intentionally been recorded against the property title, a slander of title action may come into play, too.

When a lien has been exaggerated or even fraudulently filed, an owner can usually successfully challenge that filed lien. But, as the courthouse noted, an owner can typically do little to have a filed lien removed from their property without a more formal process being initiated for the removal of the lien. Generally, that requires some legal action challenging the lien. And, if legal action is required, it's a good idea to consult or hire an attorney in order to see the process through.

I think these articles may also be helpful here:
(1) What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It?
(2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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