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How do I get a Mechanics Lien removed if the contract that placed the lien admitted in deposition that it is not right?

I have a house in Erie County Ohio that a contractor has placed a Mechanics Lien on. We just had depositions and the contractor admitted on the record, that he did not give me credit for all payments made to him and that he charged me for things he shouldn't have. Therefore, the amount of the Mechanics Lien that was filed is incorrect. Am I able to have this lien removed since it is NOT accurate ?

1 reply

Jan 17, 2020

Having a contractor on-record stating that they've overcharged you/overstated their lien will certainly be valuable when fighting off a mechanics lien claim. And, that record may well be used to contest the amount of the filed lien. However, that process won't be automatic.

Fighting an overstated mechanics lien

First: The easiest and fastest way to have a mechanics lien removed is to have the claimant remove the lien themselves. Certainly, claimants are reluctant to release their lien claims without being paid. But, if it's obvious that the claim is overstated or exaggerated, and if the claimant is on the record having said that, an owner may be able to use that against the claimant in effort to have them release the improper lien claim. And, threats to pursue penalties and damages in addition to the removal of the lien claim could be enough to convince a claimant to release their lien before that becomes necessary. If a claimant refuses to release their lien, an owner can always pursue having the lien deemed invalid and unenforceable via legal action. When an owner has a document in hand that very clearly shows the claim is improper - like a contractor admitting the claim is overstated - it should be relatively easy to contest the claim. Considering that there are depositions taking place - it might be wise to consult your attorney here to see if they can get the process of contesting the lien claim started.

Minor errors might not ruin a claim, but fraud will

Finally, note that minor errors on a lien claim or accidentally overstating the amount of the lien won't always render that lien invalid. But, there's a difference between an honest mistake and a fraudulent lien. Where a claimant has intentionally overstated their lien claim, that lien will often be rendered invalid and unenforceable. What's more, when a claimant files their lien, they also attest to the truth of the document. So, lying on the document and then swearing it's true could create additional problems for them. Proving fraud on a lien claim can be a challenge, but where a contractor is on the record stating they've overstated their claim, it should be easier to get a lien tossed out - and damages could be on the table, too.

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