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    goheid's Avatar
    goheid Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 30, 2014, 01:21 PM
    How to remove a lien on my house title
    A contractor has not been paid by his company and filed a lien on my house title. How can I get it removed so I can sell my property?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Apr 30, 2014, 01:27 PM
    The lien has to be paid off by somebody to have it removed. The only way.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 30, 2014, 01:42 PM
    A lien is an encumbrance placed on a property to prevents its sale until the lien is satisfied. You do not need it removed to sell your house. At the closing you will be required to write out a check to the lienholder.

    If the line was placed by a subcontractor who was not paid by your contractor, then you can sue your contractor to get reimbursed or to force him to pay the lien.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #4

    Apr 30, 2014, 02:20 PM
    You pay that subcontrator... yes they can do that... and yes you do owe them.

    As scott said... pay the subcontractor to get the lien removed ( for the least inconvienience to you in the long run)... then sue the contractor to try to get the money back. If they are even in business and have assets to win.


    That lien WILL affect your credit...and ability to borrow money.....best to get rid of it ASAP.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Apr 30, 2014, 02:35 PM
    Quote Originally Posted by tickle View Post
    The lien has to be paid off by somebody to have it removed. The only way.
    Actually the law of "mechanic's liens" (and that is what we are talking about here), is somewhat complex. The law varies somewhat from state to state. In some states, the subcontractor needs the homeowner's permission to file the lien. And it often only can be filed within so many days after completion of the work, and is only good for a limited period after it is filed. So, if the subcontractor has not filed a lawsuit by the expiration of that time, the lien is extinguished.
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