How do you remove an incorrect lien?

In most cases, after your lien has been filed your customer resolves their account and you need to remove a lien. Once you have received payment in full, or a settlement amount, and the funds have cleared then you are obligated to remove the lien, You can contact Lien-Pro directly to remove liens.

How do I remove an invalid lien in Texas?

If you are seeking to remove an invalid mechanic and materialman’s lien, consider filing a Summary Motion to Remove a Lien pursuant to Texas Property Code §53.160.

How do I release a lien in California?

Lien Release: After a lien has been filed, the California claimant can release or cancel the lien by filing a Mechanics Lien Release form with the county recorder’s office where the lien was originally recorded.

What is a frivolous lien?

“A lien is frivolous if ‘improperly filed beyond legitimate dispute’ and ‘so devoid of merit that it has no possibility of succeeding. ‘ Even if a lien is invalid, it may not be frivolous.”

What does it mean to release a lien?

A lien is a claim on property to ensure payment of a debt. When you borrow money to purchase a car, the lender files a lien on the vehicle with the state to insure that if the loan defaults, the lender can take the car. When the debt is fully repaid, a release of the lien is provided by the lender.

Is there a way to remove a mechanics lien?

You can remove a mechanics lien only by one of two ways: 1) the contractor records a release of mechanics lien; or 2) you file a petition with the court to release the mechanics lien.

How to remove an invalid lien in Texas?

Section 53.160 of the Texas Property Code allows a property owner to file a “Summary Motion to Remove Invalid or Unenforceable Lien.” Tex. Prop. Code § 53.160.

When does a mechanics lien become unenforceable?

First and foremost, it’s important to know that a mechanics lien expires within 90 days after it has been recorded and becomes unenforceable. If the contractor does not foreclose on the lien (file a lawsuit based on the lien) within the 90 day period, then the lien automatically expires.

How is a Mechanic’s Lien discharged in Texas?

Under Section 53.171(c) of the Texas Property Code, a mechanic’s lien can be discharged with a bond even after the dispute has arisen and the lien has been filed. The bond must be substantially higher than the lien amounts. See Tex. Prop.

When does a mechanics lien become invalid?

Contractors and subcontractors can record mechanics’ liens against a piece of real property for work they do on that property. Although the lien automatically becomes invalid if the claimant does not foreclose within 90 days of recording, the lien will still appear on the title until it is released in writing or by court order.

How can I get my mechanics lien removed?

Mail the lien claimant a written demand to remove the lien. Send the request by registered or certified mail, express mail, or overnight delivery.

Section 53.160 of the Texas Property Code allows a property owner to file a “Summary Motion to Remove Invalid or Unenforceable Lien.” Tex. Prop. Code § 53.160.

Can a contractor file a Mechanic’s Lien against a property?

Not all mechanic’s liens that contractors file against a property in order to secure payment are meritorious. Sometimes, there is a genuine dispute between the contractor, subcontractor, and/or owner about the amount due and owing.