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How to counter suit against a filed Mechanics lien against your property

North CarolinaMechanics Lien

How to counter suit against a filed Mechanics lien against your property

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Jan 7, 2020
There are a few different options available for an owner who's facing a mechanics lien filed against their property. Before diving in, this resource might be helpful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

Fighting a North Carolina mechanics lien claim

First, as you mentioned above, challenging a mechanics lien claim via lawsuit is an option for battling a lien claim that's been filed against your property. If there are serious flaws with the filed lien - like an overstated lien amount, a missed lien deadline, or some other issue, an owner may well be able to have the lien removed from their property relatively easily. Though, if the merits of the underlying dispute must be litigated, that'd take a bit more effort to resolve. In any event, if the lien will be challenged, it'd be wise (and potentially even required) to consult a local construction or real estate attorney. They'll be able to review your situation and advise on how best to proceed. Further, note that if there's an obvious flaw with the lien claim, an owner may well be able to convince the lien claimant to remove the filed lien, themselves. If a lien is doomed from the start, then showing the claimant the flaws with their claim and demanding they release their lien or else face a lawsuit may work to have the lien released. Finally, it's also worth noting that North Carolina property owners are entitled to bond off mechanics liens filed against their property. This won't make the lien claim disappear, but it will at least release the property title from the equation. So, instead of pursuing a lien claim against the underlying land, the lien claimant would bring an action against the project's bond in order to pursue payment. More on that here: Primer on Mechanics Lien Bonds and Bonding Off a Mechanics Lien. Finally, it's worth restating: Consulting a local attorney will be extremely helpful in contesting a filed mechanics lien claim.
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