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Remove mechanic lien in RI

Hi, I have a question on RI mechanic lien. My contractor filed a bogus mechanic lien and then never moved to enforce it within the required 40 days. However, he now is not willing to take any action to remove it from my title. What can I do to remove it?

1 reply

Jul 8, 2020

If a filed mechanics lien has expired, an owner is likely entitled to request for the removal of the lien under § 34-28-17.1(4) of Rhode Island's mechanics lien statute. Considering that section calls for a court filing, the help of a Rhode Island construction attorney may be necessary. You can find one here: Find a Rhode Island Construction Lawyer. Having the claimant release their own lien will be cheaper and easier, though. So, alternatively, threatening to file suit to challenge the lien claim might push the claimant to release their claim. Or, negotiating payment might help to have them release their claim as well. Mechanics liens are only one tool that a claimant will have to force payment - so resolving the underlying dispute might be a good idea to make sure a more serious legal dispute doesn't erupt. Finally, this resource might be useful, too: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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