Users' questions

What to do if a lien is filed on your property?

What to do if a lien is filed on your property?

So, if you believe that an exaggerated lien has been filed on your property, you should contact an attorney to offer you counsel and perhaps write a strong letter to the lienor demanding that the lien be removed. If a letter is unsuccessful, there is also a remedy through the courts.

How can I remove a lien from my account?

Direct Discharge of 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.

Can a property owner remove a spurious lien?

This statutory procedure allows a property owner to address and remove a spurious lien or document quickly, and to avoid the time and additional expense of a full-blown lawsuit. The Supreme Court of Colorado has held that the spurious lien statute described above does not apply to mechanics’ liens.

How does a court order remove a lien?

A Court Order involves the initiating party skipping the consent phase and simply making the request to remove the lien directly to the courts and land titles office. In order to receive any of the money that has been placed into court, the former lienholder, must commence legal action.

What happens if a lien is filed on my property?

They can face damages and penalties, and their lien can be stricken. So, if you believe that an exaggerated lien has been filed on your property, you should contact an attorney to offer you counsel and perhaps write a strong letter to the lienor demanding that the lien be removed.

How can I get a lien removed from my house?

There are multiple ways to remove a lien from a home. The first way is to settle with the lien holder. The settlement process depends on the type of lien, who the lien holder is, and the value of the lien. In some cases, a lien holder may agree to remove the lien if both parties are able to come up with a suitable payment plan.

How to stop an invalid or illegal lien?

1 Write a demand letter. If a lien is invalid or illegal, you can dispute its validity by sending the lien holder a demand letter. 2 File a lawsuit to remove the lien in the appropriate court, such as a superior court, if the lien holder fails to remove the lien. 3 Serve the motion on the lien holder. 4 Attend the hearing.

What happens when you file for bankruptcy to remove a lien?

If you file for bankruptcy to remove the lien, this is referred to as “lien avoidance.” The lien will be removed and you can keep possession of your property. This is because if you file under Chapter 7, you can generally discharge the majority of your lien and debt obligations.