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How can I get rid of Lien

I file a breach of contract with my contractor , the case was dismissed with prejudice.the contractor did not have a counterclaim, He then put a lien on my property.The last day of work with him was June 15th 2019. The lien was placed on 10/10/2019 more than 90 days of the required time to file such lien. Since he did not file a counter claim, do he still have a legal right to put a lien on my property?

2 replies

Dec 10, 2019

If a construction payment dispute has made its way to court and it's been shown that the contractor does not have a claim for payment, then a mechanics lien subsequently filed on that debt would quite probably be invalid and unenforceable (and potentially even fraudulent). This is particularly true when the legal action ends in a decision against the contractor, with prejudice. Further, mechanics liens filed beyond the deadline will generally be invalid and unenforceable, as well.

Convincing a claimant to release their own lien

When a contractor has filed an improper lien claim against the owner's property, there are typically a number of ways to go about having the lien claim removed. For one, identifying the flaws with the lien claim, threatening to take legal action based on the improper (and potentially fraudulent) nature of the claim of lien, and demanding the release of the lien could be effective. This is especially true when the demand is made via attorney letter.

Contesting the mechanics lien via Notice of Contest

Alternatively, filing a document called a Notice of Contest of Lien may be helpful. When filed, this document forces a lien claimant to enforce (file suit on) their lien claim within 60 days, or else their lien will be canceled. It acts sort of like a game of chicken - forcing the claimant to either move on their lien claim or let their lien expire.

Legally challenging the mechanics lien filing

Finally, note also that an owner may challenge the lien claim with legal action of their own in order to have the lien claim deemed invalid and unenforceable and to have the lien removed from the property title. For more on how, exactly, to pursue that - it'd be helpful to consult with a local Georgia construction or real estate attorney. Finally, I think this resource should be helpful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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Dec 12, 2019

How do I remove a 18mos old lien from my title? It was unenforced and filed 6/25/18.

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