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How to fight a lien on my record.

CaliforniaLien ReleasesMechanics LienPayment Disputes

A roofing company was subcontracted for a solar and roof project. They installed the roof. The solar company went under. There was no communication until the roofing subcontractor filed a lien. They did not request any payment prior. I don’t have any issue paying the lien. I just don’t want a paid lien to affect my credit for the next 7 years. How do I make sure a lien is taken off my record after it is paid? Do I need an attorney to force the contractor to retract the lien?

3 replies

Oct 27, 2020

Once paid, the lien claimant is obligated to release the lien. However, it would not be a bad idea to have a formalized settlement agreement in place that would require the claimant to release the lien within a set time after receiving payment (eg. 3 or 5 business days) and you would probably want an attorney's assistance in preparing the settlement agreement. Alternatively, you could exchange the check for a recordable lien release, (a lien release with the claimaint't original signature, witnessed by a notarty) and then record the release yourself. 

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Oct 27, 2020
Great explanation. I’m having trouble finding an attorney to help with this in my area. I used the level set feature to find a local one but it appeared to be out of date.
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Oct 27, 2020
Did the roofing subcontractor send you a Preliminary Notice by certified mail? If not, they don’t have any lien rights against the project and you don’t have to pay them. If they did send you a Preliminary Notice and you’re OK with paying them, I would prepare the proper Release of Lien for them to sign and notarize and then exchange it for the check. They may insist on a cashier’s check if you want an immediate Release of Lien, otherwise they may make you wait until your regular check clears their bank to give you the Release of Lien. I’m happy to help you with this.

Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
700 El Camino Real, Suite 200
Millbrae, CA 94030
T 650-871-5955
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