How can I dispute a contractors lien on property?

A contractor lien, often referred to as a mechanic’s lien, is a legal hold that may be placed on a person’s property if construction services, repairs, or supplies for these services are not paid for. This hold should prevent the homeowner from selling or otherwise transferring the property. If the property is transferred, the debt will still be attached. If you are aware of this from experience and you believe you are subjected to an unfair lien, there are several steps you may be able to take.

Dispute With Contractor Lien On The Property—What To Do

One of the first steps that you may want to take is to make sure the lien is valid. Generally, the filing of a contractor lien is subject to certain requirements, such as notifying you before filing or filing within a certain period of time. If proper procedures have not been followed, the lien may be invalid. In such cases, you can send a written request to the individual that filed for the lien and ask him to remove it. If this does not work, you can petition the court for removal.

If the lien is valid but you want to dispute it because you believe it was unfairly imposed, the matter usually needs to be settled in court. You will file a motion that will force the lien holder to appear to explain why he is entitled to a lien on your property. If the judge finds the reasoning invalid, he will order its removal.

The laws regarding mechanic’s lien disputes can vary. For this reason, it is best to contact an experienced real estate attorney if you are having such issues with your property.