I filed a lien late. can they client sue me to get it removed?
3 replies
Oct 20, 2021
They can file a petition to expunge the lien and, if they do so, they can recover their attorneys' fees for having to do so.
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Oct 20, 2021
You can release the lien to hopefully avoid the homeowner's petition.
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Oct 28, 2021
If your lien was recorded too late, then you may get a letter from the owner or an attorney demanding that you release it. If you refuse too, then the owner can file a petition with the court to have the lien released and you would be liable for the owner’s attorney’s fees in bringing such a petition. So if you do receive such a letter, and if your already know your lien was filed too late, then you’ll want to seriously consider releasing your lien. I do suggest you contact an experienced construction attorney to see if your lien was actually too late. You may have more time than you think you do. You need to file a lawsuit to foreclose the lien within 90 days or your lien will expire. I’m happy to answer any questions you have about this.