How can you remove a claim of lien?

On Behalf of | Jan 12, 2023 | Construction Litigation

When you renovate a home, you are responsible to the contractors and subcontractors you hire to care for the job. If the workers do not receive payment, they can file a claim of lien against your home.

You can receive a lien claim from someone you did not hear of. For example, if a contractor does not pay his or her vendors or subcontractors, the person may hold you responsible for payment.

Contest the lien

You can file a Notest of Contest which demands the lien claimant files a suit or allows the lien to expire. You file the document with the county real estate records and mail it to the lien claimant. When you contest the lien, the lawsuit does not have to be against you but against the person who owes the money, like the contractor.

You can also demand a cancellation of the lien if you see any defects.

Allow the lien to expire

In some cases, the lien may have a low-dollar amount attached, and the claimant will not file a lawsuit. If you do not plan to sell your home, you can wait until the line expires. You have 12 months before the lien expires. If the claimant never files a lawsuit, it will expire independently.

Fortunately, if you do have a lien against your property, you have several routes to remove the claim of lien from your property. Once you have a claim of lien, you have the right to defend yourself against it.