My contractor didn’t pay a subcontractor who then file a notice of lien on me. I paid the contractor the same day I got the notification and the notice of lien is still showing active. What needs to be done to have that notice of lien taken off?
1 reply
Apr 15, 2021
Did you pay the subcontractor, or the contractor? Once you get a notice of lien, you cannot pay a contractor until the subcontractor that filed the lien has been dealt with. If you paid the subcontractor, and it was only a notice of lien on funds and not a claim of lien on real property, there is no lien against the property, although you may want written confirmation (Email is fine) from the subcontractor that he was paid in full. If the subcontractor filed a Claim of Lien on Real Property, he needs to file a cancellation of lien with the court. (If he doesn't, the lien will become void anyhow on the 181th day after the last date of work listed on the Claim of Lien unless he files a lawsuit to perfect the lien). IF, however, you mean that you paid the contractor and not the subcontractor, you could be liable for making payment over notice of the lien.