I once owned a residential property in Louisiana. While I owned the house I had it rebuilt after a storm damage. I have a lien waiver from the GC and the rebuild was completed, was GC paid in full, and I sold the property. I recently received a Mechanics Lien against the property I no longer own. More importantly neither myself or the GC entered into any agreement with the lien claimant for any work. Furthermore, according to RS 9:4802 of LA state law, contractors only have 60 days to file a lien (No notice of termination was filed). It has been more that 60 days since all work was completed at the residential property. Is this a valid lien? As I understand under RS 9:4833 I can request cancellation of the of the lien within 10 days of receipt of lien. Who to make that request with the claimant who filed the lien or the clerk of courts who recorded the mortgage? Finally, is there an example of how to draft such a letter of an improperly filed lien?
The odd part of what you are outlining is that the new homeowner is likely the one who needs to follow the process that you correctly outline above. You send the letter to the person who filed the lien. If they refuse to withdraw it, you can proceed forward into court to determine if the lien is valid (this sounds fairly obviously invalid from the facts above). You can recoup attorney's fees and other costs for having to file such a proceeding. Has the new homeowner contacted you about this?