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How do I get an invalid lien removed? And how do I get my bond money back?

Georgia

I hired a contractor to remodel my apt. back in June 2019. Although a list of services were discussed and agreed upon, no contract was given or signed. The work was done but not completed and some of the work was performed unsatisfactory. The party was notified of the shotty and incomplete work but the work was never redone or completed. He filed a lien in Nov 2019 which was then followed by a lawsuit in March 2020. Papers were never served and the case was dismissed early 2021. I went to sell my apt. end of 2021 and he tried to sabotage the sale by his attorney contacting all parties involved letting them know there is an outstanding lien and lawsuit and to cease and desist with the sale. To preface this, I was not aware of the lien or the lawsuit until after I had a contract on the apt. I had to bond off the lien in order to close which cost me almost $14,000. Also, the amount of the lien was considerably more than the balance I allegedly owed. I know there are laws against unlicensed contractors performing certain services (plumbing and electrical) and over a certain dollar amount (I believe $2500.....job totaled approx. $20,000) of which he has performed unlawfully. Also, I am aware there are laws governing unlicensed contractors filing a lien against ones property. Although I would be in my right to retaliate for all the grief and aggravation and expense he has created, I just want to get the invalid lien removed and get my money back for the bond. If there is any further information you require which I may have not disclosed please let me know.

2 replies

Dec 31, 2021
Sorry you are contending with this but its an intriguing situation. Based on the facts you have set out, it doesn't seem like there is a valid lien on your property at this point. If the case was dismissed there is no longer an action to perfect the lien and the lien would be dissolved by operation of law. If you want to email me with your name and the address of the property, and the contractor's name, I will take a look and may be able to tell you more. You have other potential defenses based on the improper work and lack of licensing, but you may not even need to assert those. Richard rstorrs@storrslaw.com
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Dec 31, 2021
Hi Richard, Thank you so much for your reply! At the time I found out about the lien and lawsuit shortly after my apt. went under contract, my real estate attorney friend (he did not handle the closing) had done me a favor and did a lien search and found nothing however the buyer's closing attorney said there was an outstanding lien on my property and would not issue title insurance. My attorney found this very contradicting. That was the only reason why I bonded off the lien to enable the sale to take place. Plus the buyer threatened to sue me if I didn't satisfy the alleged lien or bond it. All I want now is my bond money back and the lien and lawsuit dismissed if they are actually still in place. Thank you!
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