How do I fight a lien on my property?

The way that you need to go about fighting a lien depends on several factors. These include your jurisdiction, the reason for the lien, and the stage of the lien proceedings.

In many jurisdictions, you must be notified that someone is attempting to place a lien on your property. Once you receive this notification, you will generally have a specified period to take action to avoid it, if you feel that the lien is unjustified. For example, it may be alleged that the lien was requested because you did not pay for certain services. If you did pay and you can prove it, you should be able to submit your proof and this may resolve the matter.

If the lien is already in effect and you had no knowledge of it, you need to first determine the reason for it. Then, you should ensure that it is valid. Obtaining a lien is often subject to strict procedure. If the lien holder fails to adhere to the process, the lien can be deemed invalid and released.

In situations where the lien is valid and proper procedure has been followed, you should attempt to contact the lien holder and ask to have your property freed. If you do not receive a favorable response, you will probably need to file a motion to get the lien holder into court. There, he will have to justify his claim on your property. If he cannot or you can prove that he has no entitlement, a court order should be issued for a release of the lien.

The information above is a broad generalization. The specifics of the case are very important and should be discussed with a real estate attorney before any action is taken.