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Filed a lien but they sold the property free and clear

ColoradoMechanics Lien

Fix and flip investors hired me to complete some of the work on their investment, they ran out of money so i placed a lien on the property. About a month later (last Friday) they sold the property "free and clear", called me to tell me not to post a copy of the lien on the door or I will be charged with trespassing.

1 reply

Mar 4, 2021
I am sorry for the issues. So you properly provided a notice of intent to lien and then filed a proper lien statement with the clerk and county recorder where the property was located and it was not paid off as part of the sale? That is odd but it can happen either by mistake, a belief that the lien was invalid, or if a title company was not used at all. If the lien was appropriate you can still proceed to foreclose on that lien. Whether that makes financial sense depends on the amount due and other factors. You can also proceed to try to get a money judgment against the investors. I hope you had a solid written agreement on the services and the amount due. I am not sure why you would post a copy of the lien on the door. You are free to mail it to the address and see if that accomplishes anything. As noted, you should not trespass and, again, there is really no legal rationale to post a lien on a door.
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