Mechanics lien, owners ability to prove false?
I had a mechanic's lien filed from a non licensed contractor doing work on my home for a set amount for specific jobs. He was paid in full and said he was owed more than one and half times more what I paid him. His work was unacceptable and he left the job without finishing it. He did not finish 1/3 of the job that I had to have someone else do as well.
I need to list the property and now have a mechanic's lien that is fraudulent on it. How do I go about proving it is false? How do I sell the property in the meantime?
1 Answer from Attorneys
Re: Mechanics lien, owners ability to prove false?
There are two ways that you can go about resolving your issue, (1) you could try to clear the title to the home by signed affidavit from the contractor, (2) you could file suit against the contractor to clear title to the home. Given your situation I don't believe that option 1 will work for you without some formal demand on your part. Having a lien on your home does not prevent you from selling it, the only consequence is that the lien will need to be paid from the proceeds of the home sale. Unfortunately, if you don't want to have to pay the lien, you'll need to first clear the title prior to selling the home.
Contact me, and I would be happy to assist you with this issue.
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