Three days prior to closing on my home it was discovered a lien had been placed against my property. My roommate (lived with me for two years) who has a contractor’s license was performing work on my townhouse. The agreement was in lieu of rent he performed the labor I paid for the materials. In April he wanted to add a wood floor to my upstairs loft area replacing the carpeting. I told him that the timing was not good I was against investing my money at this time (corona virus I was laid off April 10). He insisted he wanted to keep busy and that he would purchase the materials at his own expense and do the work. The work was completed prior to the end of April (I have pictures that show this). He filed a lien on September 17 he was bitter he had to move out because I was selling. I informed him in March he would be required to move out by February. It was not a surprise I gave him advanced notice that I had moved the date up and he would have to move out by the end of October, I am getting married. He filed the lien on September 17 outside the required 90 days upon completion of the work. He did not send me notification none at all that he was going to file a $7200 dollar lien. Per page 2 of the lien he was to provide me a copy of the lien which he failed to do. $8500 dollars is being held by my closing attorney to settle this. He said that he spent $3000 in materials. He filed the lien for $7200. He said he will settle for $5500. I will agree to pay him the $3000 for the materials but he wants the $5000. It appears the money above $3000 is for labor but as I have stated labor was rent. He is bitter against me and has done this maliciously. Should I hire and attorney? It would appear he violated many of the conditions of filing.
Based upon what you have laid out in your question, the lien is invalid based upon the timing of recording. You could hire an attorney to deal with it or you can see if your real estate attorney will work with the title company to "paper over" the lien since it cannot be enforced at this point. This is of course general advice and I recommend that you tailor any action to the specifics of your matter.