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I filed a lien and the county clerk recorder filed it

ColoradoConstruction Contract

I did some work to a residential home it started in may 2020 the house was so bad the gentleman that lived in the home the state would not allow him to go back in to that house till it was cleaned up so we made init so that the front rooms where goid fir him to come home that was in June so I would go over and work here and there this man was convinced that he was going to get better and he was going to go back to work I have done work for this gentleman a few times so I know he would pay me we have finished the up stairs by OCT So we where going to start the down stairs His wife gave me rmtge vad news him passing a way she asked if I would hold off on the down stairs I said sure this was the end of Oct 2020 I called her to see when she would like to finish the down stairs she said give her a month I had another job I told her the middle of December 2020 she said that was fine so we finished the job Dec 21 2020 well his wife Told me that his brother is fighting her to get it all and they are going through probate the brother got administrator to hand the estate so his wife said that she would pay me I don’t hear any thing all of Jan 2020 so I made the decision to go put a lien on the property that was in Feb I did what I was told to do the first intent I gave them in feb and got no respond so I waited till till April and that is when I sent them another intent to lien and went to clerk of records to file I did that in April . The end of April 2021 well the middle of SEPTEMBER I GET A CALL FROM THE TITEL PEOPLE TELLING ME THAT THEY NEED TO VERIFY MY SIGNATURE SO I CAN GET PAID I SAID SURE WHEN SHE SAID THEY ARE CLISING ON THE HOUSE SEPTEMBER 30th she would get back to me well I didn’t hear from her so I called and asked when she needed me to come down there to vilify my signature. She said tgat I don’t have to come in the lien is no good and it has been removed they ant paying me the probate lawyer told her it ant no good she is going with that the lien was removed and she was not disgusting it any father the lien was removed . I WAS FLOORED SO THE BEXT DAY I GO TO COUNT DENVER CLERK RECORDERS OFFICE AND ASKED HOW THEY GOT THAT LEIN REMOVED FROM TGAT PROPERTY AND I WAS NOT NOTIFIED THE CLECK TOLD ME THE LIEN IS STILL IN PLACE I GOT A MONTH TO GET A JUDGEMENT PUTBON THAT PROPERTY AND I DONT KNOW HOW TO DO THAT AND THE ARE SALING THE HOME SEPT 30?. What should I do. And now that they are being messed up I want to know can I add interest on that and is it 8 % or 12% what ever it is in Colorado and can I add the lawyer fees to plz let me know if you all can help me thank you

1 reply

Sep 27, 2021

I am sorry for the issues and I noted in an answer to one of your earlier posts, that the only way to truly know what was going on was to hire an attorney to review the lien and the relevant documents. That is true. However, I can go over what could have occured. 

A lien is not removed unless by court order. A lien, however, can be ignored by the title company as being unenforceable or otherwise defective and that seems to be what they are saying and that is why the sale will go through but you won't be paid from that sale. That is allowable and often common. 

Your only option if you want to collect, if the owner has passed, is to make a claim against the probate estate. That must be done properly and soon. Even if you make a claim, it sounds like they may state that your claim is not valid and again not pay. Then, you must sue, hope to win, and then collect. 

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