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Need options on a "fraudulent" mechanics lien filed on my property by builder (before work was completed and final C/O)

GeorgiaBonding Off LienMechanics Lien

If your builder files a lien before work is completed, then continues to work for a week while the certified letter is in transit (mailed from across the country by spouse), and we reconciled that the lien was filed for an amount that is not due, what are homeowners recourse? If lien was $50,250, builder did not reconcile a 14,750 payment made two months before as well as almost 2,000 in client credits, what are homeowners options? A) If we bond out of the exaggerated amount, can we sue builder for difference? File a bond against the business or a lien on his personal property? B) If we bond out of the exaggerated amount, how can we recover the 17k+ extra amount? C) If we bond out (because our mortgage must be finalized), is this accepting the amount? D) Can we demand the court drop the exaggerated lien? (I cannot get an attorney to call me back)

2 replies

Mar 2, 2021
Here are responses to your specific questions: 1. You cannot threaten or demand that the court/county correct the amount. 2. You are not agreeing to the amount by bonding the lien in the stated amount. 3. Recourse: you can have counsel send a demand to the contractor to amend the amount or to cancel the lien, and you can threaten a slander of title claim, potential punitive damages, and attorney's fees claim against the lienor. You can also send a notice of contest of the lien which will require them to take action in 60 days, so the bond will be in effect for a much shorter time. Please contact me if I can be of further assistance. Richard Storrs (404) 500-6302 rstorrs@storrslaw.com
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Mar 7, 2021
You can give me a call to discuss. If you decide to retain us, my hourly rate id $325.00, and we require a $3,000.00 non-refundable retainer. Give me a call if you decide. Thanks. Josh Stone. Firm is Stone & Bellus, P.C. Phone 770-390-9950.
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