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NC Mechanics Lien Timelines and Process

North CarolinaBonding Off Lien Mechanics Lien

I am a private individual that remodels homes. My handyman hired a plumbimg company to perform plumbing services. However the company did not perform the work. Their crew only showed up for 2 days, started the work and then never returned. We completed the work ourselves. In June I recieved a notice from a lawyer that a lien has been filed on my home. In communicating with the lawyer, I has provided fradulatent invoices indicating all the work was done by the plumbing company. Previous to recieving this lien I had not recieved any invoices. At this point I believe the plumbing company missed their deadlines to file a lien, and created fake invoices to try and indicate they were within the timeline to file a lien. Should I challenge the lawyer back directly, or do I need to hire a lawer and counter-sue? Addiitonally, I have a closing slated in 2 weeks, and am concerend this will mess up my closing. Should I bond off the line for now?

1 reply

Jul 20, 2020

A mechanics lien filing could certainly cause a lot of issues with closing. If the lien must be removed from the property title quickly to help facilitate the sale, then bonding off the lien might do the trick. More on that here: Lien Release Bonds: Bonding Off a Mechanics Lien. As for how to dispute the lien claim - every situation is different. But, if you have documentation, photographs, receipts, or communications showing that this lien claimant didn't perform the work they allege to have done - that would be invaluable. Filing a false or fraudulent mechanics lien is a serious offense in North Carolina. A party who files a false lien is guilty of a Class 1 misdemeanor, plus the court may require that the claimant reimburse the owner for damages, attorney fees, costs, etc. One common way to respond to a questionable lien filing is to demand that the claimant release their lien claim, or else face legal consequences. This would be especially effective when sent via attorney letter. By showing the claimant you understand your rights and why their claim will actually result in liability on their end, they may be willing to cut bait before the legal dispute creates more serious issues for them. It's also common for an owner to go ahead an challenge the lien filing with the help of an attorney. For help finding the right lawyer: Find a North Carolina Construction Lawyer. This article should be useful as well: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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