Fight the Lien on Your Home

May 6, 2021 | Bill Henry

It can be unnerving to discover you have a lien on your house. The good news is, there are ways to fight a lien on your home.

Real Estate Attorney has some suggestions about what to do next if you learn about a lien on your house.

Hire an Attorney to Fight a Lien

Call 303-688-0944 to begin your free case assessment with a member of our Real Estate Team. You can also click here to schedule that free case assessmentt online.

When Things Don’t Go As Planned

Unfortunately, a promising home renovation project can turn sour. A long-sought-after dreamy new kitchen can become a nightmare.

You blame the contractor for the problems and refuse payment. Well, the contractor blames you for the mess, and she turns around and slaps a lawsuit against your house called a lien.

A lien is a contractor’s or supplier’s way of legally demanding payment for the work performed on or supplies delivered to your home.

What Now?

The first thing you’ll want to do is find out what kind of lien you are dealing with. There are a couple of different ways you can figure this out.

Most people find out they have a lien on their property when they want to sell or refinance it and the title company lets them know.

But there are other ways to find out without putting your house on the marketing or going to the bank.

You can order what is called an O and E report. An O and E report is an owner’s and encumbrances report. This report comes from a title company. In this report, you’ll receive a copy of the lien so you can figure out exactly what kind of lien is it.

What to do About Spurious Liens

If the lien on your property is not valid or it is not a legal lien, then you can take legal action.

You will want to file what is called a spurious lien action. A spurious lien is an invalid or illegal lien.

You must file a spurious lien action in court, and a judge eventually decides whether the lien is valid or not.

What to do About A Mechanic’s Lien

A mechanic’s lien is a powerful instrument in the hands of a contractor. If followed to its legal conclusion, a contractor can force your home into foreclosure to get paid. Because of this, a contractor must follow the state’s mechanic’s lien laws exactly, including their legal duty to inform you about the lien within a certain timeframe.

There is a special statute, or provision, to remove invalid mechanic’s liens from properties.

Let Us Help You Fight a Lien

If you just found out you have a lien on your property, be it a mechanic’s lien or spurious lien, you are probably pretty upset. We understand. But our real estate attorneys also know these liens are almost always not the end of the world. Most situations in which a lien is involved are settled well before foreclosure comes into play.

An experienced real estate attorney can help you work it out. If you have more questions about a lien on your property, please do not hesitate to call us. We always offer a free case assessment. Call 303-688-0944. You can also click here to schedule.

More Than Just Lawyers. Lawyers for Your Life.

Learn more about our law firm’s philosophy and values.