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A plumber in Westcliffe CO filed a mechanics lien on us a few weeks before our home closed. We put the money into escrow. He never finished the work, last time on our property was 4/2018 and he filed lien on 8/29/2020, well past the 6 month deadline for filing. He now is over 7 months and according to your “5 mistakes when filing a Colorado Mechanic’s lien” the lien may have expired due to his lack of filing for a lien’s foreclosure. He never served us with a NOI either.
Mar 22, 2021
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

Based on the facts provided, it appears that the lien is invalid due to lack of proper notice and untimeliness. The fact the sale closed and funds were escrowed also suggests that the lien, even if it may have been valid, was replaced by the escrowed funds. If that's the case, you and the plumber are now left to fight over the escrowed funds. While the plumber may no longer have a right to assert a lien against the property, he still possesses the right to sue for whatever he feels he is owed. Of course, you would also have the right to defend the plumber's claim and assert any counterclaim you pay possess against them. In the end, the parties will either have to come to an agreement as to how the escrowed funds should be distributed, or engage in litigation. You should speak with an attorney.

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