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How do I remove a lien from my property title?

In September 2018 a mechanics lien was placed on my home. I was not notified of the lien, I was not served either. I found out in Dec. 2018 when I was rewriting my living trust and the attorney ran my title to include it in my assets. I would like to get the lien removed. How do I go about that? I live in Colorado Springs.

1 reply

Feb 11, 2020

Colorado does not actually require that a mechanics lien claimant give notice to the property owner that they've filed a lien on the owner's property (though, a Notice of Intent to Lien is required prior to the lien). However, Colorado does have a relatively short lien enforcement deadline. Once a Colorado mechanics lien has been filed, that lien must typically be enforced within 6 months from the completion of the project or when labor or materials were last furnished to the job. Unfortunately for owners, though, mechanics liens don't just disappear when they expire. Rather, they tend to linger in the property record - more or less benign. For an owner who wants to have the lien removed from their property title, the easiest and fastest way to go about that will generally be to have the lien claimant release their own claim. It may be possible to convince the claimant to do so since their lien has expired and can no longer be enforced. Alternatively, an owner can pursue legal action to challenge the filed lien claim as expired and to have it removed from their property. Admittedly, though, I'm not an expert on the removal of Colorado mechanics lien claims. And, consulting a local Colorado construction attorney could help to assess potential options and to create a plan of attack. They'll be able to provide you with advice after reviewing the relevant documentation and circumstances.

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