How can a lien be removed from my home?

I had a contract with a roofer to repair my roof and he did not complete repairs. He then billed me over $3000 and when we didn’t pay because no work was done, he filed a lien on my home. I have another roofer who inspected the work done and he has written a statement saying that none of the work the original roofer outlined in the contracted was completed. I need the lien removed because this all happened in the midst of refinancing my mortgage and they won’t let it go through unless the lien is removed.

Asked on March 5, 2012 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that the best way to get the lien removed from your property due to the refinance that you want is to consult with an attorney experienced in construction law to do a demand letter for you to have the roofer remove it as soon as possible.

If he does not, you may have a legal action against the roofer for slander of title. Note, under the laws of most states, to perfect a recorded mechanic's lien, the roofer must file a lawsuit within 90 days of recording.

Perhaps this has not happened. If not, then this may be another basis for the removal of the lien.


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