Remove a Mechanic's Lien on a House
A mechanic's lien is a legal means of securing a financial interest on property when contractors have done work or supplied materials to improve it. It is a legal way to secure payment for mechanics, plumbers, electricians and suppliers when work has been done on a home and payment has not been made. To have an enforceable lien, you must comply with all necessary statutory regulations, which can vary from state to state. Once the lien is legally applied to a property, you must also comply with all legal requirements to remove it.
Instructions
1. Research the legal requirements to remove a lien in your state and county. Discover what kind of forms are needed, what kind of evidence you will need if you are disputing work, fees you will need to pay the court, and if the lien expires automatically within a certain time frame, often 12 months.
2. Organize your data. Save all paperwork from contractors including notice of commencement, final affidavits, deliveries of materials, copies of payments given, and any other paperwork you may have.
3. Compose an affidavit of your dispute. State the facts as you know them. Take photos of the incomplete or unacceptable work. If neighbors or friends witnessed the problems with the work, get affidavits from them as well. Have all affidavits notarized.
4. Gather receipts from contractors who may have repaired the work. If another contractor had to finish or repair the work, have them put a statement on paper as to what the problem was and how it was repaired.
5. Examine the contractors' lien forms to see if there are any errors. Errors in name or address can render the lien invalid. If the lien was applied in error, contact the lien-holder and notify them of the problem.
6. Fill out the proper contest-of-lien forms from your county. Many of these forms are available online. If not, you may have to go to your county courthouse to get the proper forms.
7. File your contest of lien with the proper county office or court. Include affidavits, photos, receipts of payment, completion of work letters and any other verifying evidence you may have. Filing fees may be applicable.
8. Petition the court to nullify the lien. Get documentary evidence of the decision made on your claim. Get certified copies of the decision for your records.
9. Send the evidence of the court's decision in your favor to credit reporting companies to have them remove the lien from your record.
10. Check your credit record to make sure the lien has been removed.
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