the "contractor" that I hired damaged our property and did not do the work that he was paid for.
It is well documented.
1 reply
Jan 7, 2020
Mechanics liens are serious business, and when a lien has been improperly filed against your property, it's usually a good idea to consult a local construction or real estate attorney for advice on how to move forward. With that in mind, let's look at some basic information that might be helpful for you.
Before diving in, this might be valuable as well: A Mechanics Lien Was Filed on My Property – What Do I Do Now?
How to get an Indiana mechanics lien removed from the property title
The fastest way to get an Indiana mechanics lien released will be to have the lien claimant release the lien, themselves. Naturally, most claimants will be reluctant to do that. But, if the owner can show that the lien contains obvious and fatal flaws, then the owner may be able to convince the claimant to release their lien to avoid costly litigation and damages arising out of the lien claim.
Further, another common step to get a lien discharged from the property title is to bond off the filed mechanics lien. Of course, bonding off a lien can be expensive and it won't make the lien completely disappear - rather, the lien will ultimately be discharged from the property and the claimant can bring their claim against the bond instead. More on bonding off liens here: Primer on Mechanics Lien Bonds and Bonding Off a Mechanics Lien.
Finally, perhaps the most effective way to have a lien removed is to challenge the lien filing via legal action. If an owner can show that the lien is improper, they'll be able to have the lien discharged and might even be able to recover attorney fees or even damages. Of course, pursuing legal action isn't always the cheapest, fastest, or most stress-free ordeal.
Ultimately, before deciding how to proceed in fighting a lien claim, it'd be wise to consult with a local construction or real estate attorney. They'll be able to review your circumstances and the project documentation then advise on how best to move forward.