I need to remove the lien, because the attorney is telling me that I had no right to place it
2 replies
Jun 3, 2020
If you are a laborer then you have a right to record a lien without giving preliminary notice. So the attorney may be lying to you. If you recorded your lien within 90 days of project completion, performed no further work after recording the lien, and only requested amount due for your work to improve the property, the lien is likely valid. Keep in mind that you have 90 days from recording the lien to file an action to foreclose it. If you fail to file an action to foreclose, the lien will expire.
If your lien truly is not valid, or is expired, you need to file a release of lien. This is a document that must be notarized and recorded. Levelset should be able to help you with this.
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Jun 3, 2020
I always send a Release of Lien form with my letters to contractors when I ask them to release their lien. If I were you I would contact the attorney who wrote you the letter and tell him/her that you’re willing to release the lien if they send it to you. You can also pay a service to prepare the release for you but that will cost you some money. Getting it from the attorney should be free (at least to you).