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How can we release an expired lien from our property in CO?

ColoradoLien ReleasesMechanics Lien

Our GC placed a mechanic's lien on our property in Colorado 1 year ago and has not taken any further action. We have not paid the lien amount for a number of reasons (construction defects, invalid C/O, etc). From what I understand, the lien has now expired and is presumably unenforceable but still remains of record. What is the process for removal? Does the GC need to remove the lien? If so, what if he refuses to release it?

3 replies

Aug 30, 2022

The process to remove it, if the GC is unwilling, is through the court to obtain an order releasing it. Feel free to call the office to discuss the process. 7205007855.

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Aug 31, 2022

The question is whether you really need to remove it. As noted, you can file an action to remove it but what really matters is if this is necessary. If you plan to sell or refiance soon, the title company would likely want the lien removed. If that is not your plans in the near future, the fact that the lien is of record is likely of no impact to a sale, refinance, so on. 

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Aug 31, 2022
@Robert Murillo No plan at all to sell or refinance anytime soon. Are you essentially saying that the more time passes the expired lien becomes more insignificant to lenders, title companies, etc? Since it is expired, it cannot assume a higher position in the chain of title, correct? Thank you for your response.
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