Not sure if this is real estate law, small claims, or other law, so apology if miscategorized.

Got a notice of a lien on our real estate but the claimant is someone who has no real claim and it out of his mind. Too long to get into, but, yes, I have written documentation. He has written proof of the documentation that his claim is unfounded and in fact even what he told me I owe him 3 months ago (although I have proof I do not owe him anything) is only 1/3 the amount he's put the lien for. So the lien would also be excessive even if I did owe him what he claimed to me I owed.

there's a statement on the lien notice signed by him and notarized that states: he swears the lien is not frivolous and is made with reasonable cause and is not excessive under penalty of perjury.

Who prosecutes perjury? Who do I report this to?

the auditor's office that the paperwork came from says they don't do anything to enforce if a lien is valid they just take the fee to file it. The title company says they don't do anything about a lien until property is sold. I don't want to wait until I sell to clear this up. What do I do? (essentially both auditor and title company told me anybody willing to commit perjury can pick a person at random and file a lien against their property without any problem. Is this TRUE?

First sorry has it testified to this in court ? And if he does, don't expect the police to run and do anything about perjury.

If there is no valid lien, you will have to file a law suit in court to clear the title. *quiet title* You should be able to ask for your attorney fees paid if you win.

But what type of lien? There can not be a lien unless there was a judgement in most cases. ( there are some expections)

Quote:

---

Originally Posted by Fr_Chuck

First sorry has it testified to this in court ? and if he does, don't expect the police to run and do anything about perjury.

If there is no valid lien, you will have to file a law suit in court to clear the title. *quiet title* You should be able to ask for your attorney fees paid if you win.

But what type of lien ?? there can not be a lien unless there was a judgement in most cases. ( there are some expections)

---

This knucklehead has filed a lien for 'professional services' simply because he says we owe him money. Nope there's been no suit, no judgement. No court. Just this silly paper he sent to us 'notice of lien' in fact, the only possibility of an existence of a lawsuit is one we are considering bringing against him, as we found out he engineered a truss in our home design that every builder we took it to said was riduculously expensive and over-engineered (probably to compensate since he didn't actually know what he was doing) and dept of license found him guilty of engineerig w/out a license. And as such this is clearly a weird vindictive lien he's attempting against us perhaps trying to include his legal costs.

Don't laugh until it is done, just because he engineered without a license
( many engineers do not require one) but even if he was found guilty, that did not mean he did not develop the truss. So a court ( esp some nut case judges) may even see his side.

But at this case you will need an attorney and need to file a motion to overturn this lien. And I doubt there is any criminal charge ( at least any that would ever be done) remember people lie in court all the time, when you go to court each side tells their story different, so one or both are always lying in court, but no one is ever charged, just one found liable and one found not.

But his duty would be to prove he provided a service or material that was used in the home that he was not paid for. These types of cases are most often found when a builder uses lumber or material and does not pay for them, the home buyer pays the builder, but latter the lumber company comes and places a lien on the home. Although the buyer paid the builder, he often has to repay the lumber yard because they were never paid.

The burden of proof of the debt is his to make,

Now I know you should win, but I have seen stupid law suits win, because the other side did not take it seroius enough

Thanks for the info and the caution. Understood.

Oh, I just didn't want to get into it all in this forum. There is a stack of stuff on top of the engineering thing that started it all. We have subtantially researched every fact of our 'case' and have documentation in fact it astounds us every time we discover another client this clown has ripped off who has a complaint against him. The attorney general is investigating, dept of licensing investigating, several others. Just took a moment in this nightmare to chuckle in this forum where we can anonymously make fun of a guy who spent a full paragraph trying to justify to us measurements we questioned and it finally was revealed he figures 27 sq ft per sq yd (not cubic yd). He's originally from a very 'liberal' big city and came here in a very conservative small town area where word gets around and I think he hasn't realized yet what he's up against. I just keep trying to figure out his logic, and am constantly trying to be one step ahead of his games.

I know when I bought my house, I purchased something they required of me to purchase called title insurance. The purpose was for reasons just like this, so try contacting a real estate attorney! Take this seriously but don't stress, it sounds like an open and shut case