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-   -   Court dismissed a lien but plaintiff will not release (https://www.askmehelpdesk.com/showthread.php?t=467659)

  • Apr 28, 2010, 08:40 AM
    weagle2323
    Having a problem with my contractor that did not complete the building on my home. He walked away and removed the building permit. Since then we had to complete the home ourselves. He has since then placed a lien on our property, both parties have legal representation. We had a motion to have the lien removed and it was dismissed and ordered to be removed. The plaintiff has not released the lien therefore we cannot proceed with closing. Can we do anything to get it released?

    Well, it seems that makes sense; but the clerk says that the plaintiff will have to release it since he filed it. The court dismissed the perfection of the lien. Any suggestions. We have moved into our house but we cannot close because of no clear title.
  • Apr 28, 2010, 08:43 AM
    excon

    Hello:

    It seems that since the COURT ordered it released, that it's NOT up to the plaintiff to release it. It's up to your lawyer to take the court order to county clerk to COMPEL its release.

    excon
  • Apr 28, 2010, 11:58 AM
    Fr_Chuck

    File a motion in the court based on the judges ruling to order the clerk to release the lien.

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