Legal Question in Real Estate Law in Pennsylvania

I had a mechanics lean filed against my property by a landscaping co almost $5,000 One of the partners who I was working with went away on vacation and never emailed the proposal as promised for me to review. Without my knowledge this job was completed out of the blue; I no longer live locally in the area and the house is under contract. Apparently, the owning partners do not communicate and the partner who went on vacation told me their hired help sat around their shop being paid to do nothing. The prices, quality of work and their business ethics suck! I go to settlement next month and just noticed this was filed against me on-line. I want to contest this unethical business practices and countersue for having to complete and fix work that I was looking to have done but never had a say, ugh! Also for all the time, aggravation and mental grief this nightmare has caused me as well.


Asked on 12/31/12, 10:16 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

To remove the mechanics' lien, either the company that claims it did the work would have to record a document satisfying or removing the lien. If the company won't do that, you'd have to file a court action to remove the lien. There are strict time limits for that, and it sounds like you may have missed them.

This is not a DIY matter, because these liens are totally statutory and the statutes and court procedures have to be followed precisely.

You may still be able to settle on the property. The buyer's title company may allow you to leave money in escrow with it to cover the lien until you succeed in having it removed.

Talk to your lawyer and have her/him talk to the title company.

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Answered on 12/31/12, 11:11 am


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