Anyone can file a mechanic’s lien by filling out a form and delivering it to the recorder’s office. Recorders are required to record all liens presented to it, without making any decision about whether the lien is valid or not, or whether the construction work was done to your satisfaction. In fact, someone could theorically file a mechanics lien against property without having any connection with it whatsoever. There’s nothing to stop the filing.
In recognition of this problem, each state has a procedure for property owners, prime contractors, lenders or other interested parties to challenge the validity of a mechanics lien.
Lien laws are technical and complex, and there are a number of reasons why a mechanic’s lien may be invalid. In fact, a large percentage of liens filed make some type of filing mistake that could invalidate the entire instrument. If you think the lien filed against your property or project is illegal or invalid, filing a lien dispute challenge is exactly the way you should proceed to avoid paying a debt you don’t owe.
While Wolfe Law Group can help you in this lien challenge proceeding (click here to learn about our flat fee to represent you in these matters), you may not be quite ready to proceed with a full lien challenge in court. You may simply want to send the lien claimant a letter explaining why the lien is invalid and demanding its removal.
These lien removal demands are important because:
- They must sometimes meet statutory requirements
- The letter will identify the reasons for invalidity putting the other party on notice
- Giving party a chance to cure problem improves changes to later recover attorney fees
- Sometimes dispute can be resolved with demand letter
For a flat fee, Wolfe Law Group can review the lien and discuss potential invalidities with you, and then proceed to deliver a demand letter requesting the lien get removed.