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I want to assign the lien to another person and use a different asset to attach it.

WashingtonCollectionsLien WaiversMechanics LienRetainage

I have a lien that has had half of it paid off. I want to release one person and leave another still on the hook without affecting the person who has paid their share. Is there a way to transfer the lien and use a different piece of property or even garnishment or something?

2 replies

Jul 15, 2020

A construction lien attaches to the property on which the work was performed.  It can not attach to a different property.  You can obtain a judgment against the person who has not paid and then garnish their wages or bank account.  But the lien only attaches where the work was done.

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Jul 15, 2020
You have to be very careful releasing one party but not the other.  There is an axiom in the law that says the release of one debtor in a joint obligation is the release of them all. Your lien against a single piece of property that you benefitted.  It can only be transferred to another piece with the consent of the owners and would probably take the form of a mortgage/deed of trust or other security device.  You need to consult with an attorney for this. 
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