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How to remove a lien?

Massachusetts

Hi, I had a contractor unlawfully place a lien on my property. I have all the contracts and proof of payments showing that he was paid in full. The contractor is simply upset because I left him a 1-star review online and now he's claiming that I owe him more money, which I do not. In fact, I am taking him to Small Claims court to recoup losses due to having to hire another contractor to fix his poor craftsmanship and causing damage to my property. How do I go about having the lien removed?

2 replies

Jan 4, 2021

That is a great question! Luckily, Levelset has several posts that will prove to be helpful to you in regards to removing an invalid mechanics lien. To put it simply, there are three steps you make take when fighting an improper lien filed on your property. 

  1. Immediately dispute the lien
  2. Force the claimant to file suit to enforce the lien in a shorter period
  3. Just wait it out 

You may also send a demand letter to release the lien to the lien claimant. Such a demand could identify the flaws with a given lien and state that if the improper lien is not removed, legal action will be taken against the cliamant. I hope that helps! 

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Jan 4, 2021

Liens can only be removed if one files an action in court and there is an actual defect in the lien. It is not an inexpensive process. You can bond over the lien, but that can be costly as well. If you have a small claims judgment saying that you do not owe him any money, you could try to bring an action to invalidate the lien but again, it requires paying a lawyer to file an action. The contractor has to sue you within three months of recording his statement of account, so you might as well see if he actually does that and file a counterclaim rather than going to small claims court. Of course this all depends on the amount of money in dispute.

 Sincerely, 

Andrea Goldman

Goldman Law Group 

60 Austin Street, Suite 210                 

 Newton, MA 02460                   

T: 617-953-3760   

agoldman@goldmanlg.com 

www.GoldmanLG.com“Massachusetts Builders
Blog” www.buildingconfidence-llc.blogspot.com 

"Home Contractor vs. Homeowner
Blog" www.andreagoldmanlaw.blogspot.com  

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