How do we have a lien removed from our home that was put there by a roofer that we never paid beacuse they did not fix our leaking roof?

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How do we have a lien removed from our home that was put there by a roofer that we never paid beacuse they did not fix our leaking roof?

Asked on January 21, 2012 under Real Estate Law, Washington

Answers:

Joseph Gasparrini

Answered 9 years ago | Contributor

It may not be necessary to take any particular action to remove the lien if the roofer does not commence a lawsuit to foreclose the lien within the period of time specified by state statutes.  You should obtain the advice of a lawyer as to the time limitation for the validiity of a mechanic's lien in your state.  For example, in Connecticut, if the contractor who filed a mechanic's lien does not commence foreclosure within one year, the lien will expire and become unenforceable.  In that case you do not have to take any action to void the lien.  However, you have a problem if you desire to refinance or sell your property before the lien expires.  In that case, you can attempt to negotiate a settlement with the roofer in order to obtain the release of the lien, or if you do not owe the roofer any money and he has filed a mechanic's lien without valid grounds, you can file suit against him for the purpose of clearing your title.  If the roofer sues to foreclose the lien within the statutory period before it expires, then you will have to hire a lawyer to defend that litigation.


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