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How do I stop a lien?

I received NOI and contacted the company. Apparently before I went into ESCROW someone ordered gutters for the house and never paid for them. The company never met this person face to face and never received a pen and ink signature to agree to the quote. After months of emails this person stopped responding and now the gutter company is leaving notices, calling me and putting a lien on my house. What do I do?

2 replies

Mar 5, 2020

A lien must be recorded within 90 days of project completion. It sounds like the deadline to record a lien has likely expired and if this is the case, a valid lien cannot be recorded. If a lien is recorded - and the deadline has passed - you can demand that they release the improper lien. If they refuse, you can file a motion to expunge the lien and to recover the costs to do so.

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Mar 5, 2020

I agree with other counsel that the time for the lien has likely expired. You don't say whether or not the downspouts were actually delivered to the job site and installed on your home. Obviously if they were not, the company wouldn't have grounds for a lien anyway. Many times a strong demand letter from an attorney can get the company to release their lien. That would be a good next step for you.

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