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How do I remove a fraudulent lien against my home?

I had a contractor attempt to remodel my bathroom. Most of the work has to be torn out; I still paid him 1/2 of what he wanted. He put a mechanic lien against my home, so I had to take him to small claims court. He now owes ME more that what I paid him; that's how bad the job was. Now... how do I get the lien removed? Thanks.

1 reply

Oct 29, 2019

Once a judgment is in hand showing that the alleged debt giving rise to a lien claim isn't actually owed, an owner should be able to have the lien removed from their property with relative ease. Under § 52-154(c) of Nebraska's mechanics lien statute, an owner may record the original or a certified copy of a judgment or decree which shows the lien is invalid. So, an owner should be able to have a lien released on their own when they've got a judgment in hand - and it should be as simple as recording a document with the Register of Deeds where the mechanics lien was originally filed. Alternatively, when an owner has proven a mechanics lien to be improper, demanding that the claimant release their own lien may be an option. After all, improper mechanics liens in Nebraska could lead to penalties like a misdemeanor. Still, this option may be unnecessarily adversarial if an owner has an opportunity to release the lien claim on their own accord. Here's an additional resource that might be helpful: Does a Mechanics Lien Affect the Property Title Forever?

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