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Removing Tax Lien

A contractor filed a fraudulent mechanics lien against my house. I have a paid in full bill from him and now hes coming against me because of a SUB he hired didnt finish work properly. He also lied about the tine lime on the lien. He just filed the lien and has not worked at my house in over 10 months. How do I file a motion to have it lifted?

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Mar 16, 2020

When a fraudulent mechanics lien has been filed against your property, it's probably time to consult a local New York construction attorney. Mechanics liens are serious business and can create headaches for a homeowner. Plus, New York lien challenges have gotten harder over the years. So, having a professional on your side can help to dissect the lien claim and figure out what issues may be present and how best to attack them. They should be well aware of the next steps to take to get a lien released. With that being said, before officially filing suit to challenge a filed lien, it's often a worthwhile step to demand that the claimant remove their lien, themselves. Convincing a claimant to release their own lien will be the fastest and easiest way to clear a lien from the property. And, by posing legal threats that will be undertaken in response to a fraudulent lien filing, an owner may be able to convince the claimant to release their lien in order to avoid damages, penalties, and a costly legal dispute. When the demand for a release of lien is sent via attorney letter, it will tend to carry a little more "umph." With all of that being said, if an owner can clearly show that the claimant was paid in full and the lien claim is bogus, if the claimant can show the claimant lied about the timeframes on the face of the lien, or if there's some other obvious flaw on the lien claim - challenging the lien might not be too tough of a proposition. Though, keep in mind that the mere fact that there's a dispute over workmanship or dispute over price won't automatically invalidate the lien claim. As a final notice, this resource should be helpful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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