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Is the situation noted below legal?

VirginiaMechanics LienPreliminary Notice

A Mechanics Lien was placed on my condominium unit (one of 38 in the condo community) by a company who had erected/installed a telecommunications tower on city property adjacent to the condo community in which I live. My unit was arbitrarily cited for the lien. I never received any notice of the lien until a letter arrived on 9/30/2020 stating the Mechanics Lien had been released approximately five to six weeks after having been filed. I called the person from the Prime Contractor who had sent the release and his only explanation was "They had to have a physical address as they could not use just a street name" despite the fact that no work had been done on the private property of either the condo community nor mine own. How could my specific unit be "selected" for the lien to be filed against, particularly without my knowledge. It is my understanding that this lien and it's subsequent release will stay on my property record for at least seven years. I'm not a lawyer, but somehow this doesn't seem legal. Do I have a legal leg upon which to stand were I incline to pursue any course of restitution?

1 reply

Oct 1, 2020

I am attorney Nick Podlaski of Podlaski LLP. I handle a significant number of residential improvement/new home construction matters. It sounds like this lien may be improperly filed/not perfected. You may have a claim for clouding title. Feel free to give my office a call at 260-782-1712 for a free 15 minute consultation to discuss this matter.

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