we have a Leon placed on our property by a restoration company for not paying a fraudulent invoice of 12,000. How can we prove this and get lien released
2 replies
Oct 22, 2020
If the lien is improper, you should hire a lawyer to file a petition to expunge the lien.
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Oct 26, 2020
The best advice is generally to wait out the 90 day lien foreclosure period and then demand that the contractor release the lien. The lien expires after 90 days unless the contractor files a lawsuit to foreclose on the lien. For $12K it would not make good business sense for the contractor to file a lawsuit because it would cost him more in attorney’s fees and costs than he could hope to recover. I generally send the contractor a strong demand letter that they release the lien, and prepare and send a Release of Lien form already filled out for the contractor to sign and notarize and return to me with my letter. Many contractors don’t know how to take a lien off. This probably works 8 out of 10 times. If they don’t, you can file a petition with the court and the contractor can be held liable for all of your attorney’s fees. Another thing you can do, especially if you’re trying to sell or refinance the property, is to bond around the lien. That will keep your property free and clear and substitute the bond for the property. Let me know if you have any more questions or would like help with this.
Cathleen M. Curl, Esq. Law Office of Cathleen M. Curl 700 El Camino Real, Suite 200 Millbrae, CA 94030 T 650-871-5955 F 650-588-7101