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What steps do I take to have a lien removed from my home if it is invalid?

UtahMechanics Lien

I had a lien placed on my home for unpaid bills by my contractor to the materials supplier. The preliminary notice was placed well after the project was complete (first supplies delivered in August, completed in early October, preliminary notice placed mid November, lien placed mid December). Additionally, the lien was placed for $5000 more than the balance due by the contractor at the time it was placed. Both factors would seem to make the lien invalid. I contacted the county recorder, who stated they only record the lien and do not evaluate its validity. Are there steps I can take to have the lien declared invalid, that don't involve a prolonged legal process, excessive attorney fees, etc? Thank you for your help.

1 reply

Jan 24, 2020

Utah expedited proceedings to nullify a lien

There is one option that is specifically designed to protect homeowners in this exact situation. This is known as an "expedited proceeding" provided for under U.C.A. 1953 §38-1a-805. This statute provides a mechanism for an owner to petition the court to nullify a filed Utah mechanics lien claim based on a few different reasons; most notably late preliminary notice, or the claimant failed to withdraw the claim after receipt of written notice to withdraw within 10 business days.

Sending written request to withdraw

The first step in this process should be to send a written notice, by certified mail to the lien claimant demanding the withdrawal of the claim. It should include your information, the name of the county where the property is located, a legal description of the property, state that notice was late, and that the claimant should withdraw their claim within 10 business days or you will petition the court to nullify.

Expedited hearing

If you've met all the requirements, and the court grants a hearing; it will be scheduled shortly thereafter. The procedure is short, and simplified; and if found in violation, the claim will be released and the court will award attorney's fees and court costs. Before going through this procedure, you should contact a local attorney to help guide you through the specific details of this process. A good place to start is the Utah State Bar Association Lawyer Referral Service, or search Avvo.com for Utah attorneys. Good luck!
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