How to remove anillegal lien?

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How to remove anillegal lien?

An illegal lien was placed on our deceased (9/10) father’s property on 01/11 for work completed in 04/10. No 10 day notice to lien was sent either. The fees charged are excessive ($40/month) withand interest of 2%/month). No contract for the work was presented or signed. We are willing to settle for a reasonable amount. They say no. We need to get the illegal lien removed so we can continue to settle the estate.

Asked on March 14, 2011 under Real Estate Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to first figure out if indeed the lien holder actually followed the letter of the law in obtaining a lien in the first place. If not, then you should not attempt a settlement or accord and satisfaction when the lien is not legally placed. You can do a few things. If this is a licensed contractor or licensed subcontractor who did the work or an entity that is somehow licensed, immediately contact the licensing agency and file a complaint. Further, file a complaint with your state's attorney general, who eats this kind of stuff up. Someone recently attempted the same thing with someone I know and well, with proper legal intervention, the attempt was foiled. Now that you know no proper notice was given, talk the attorney general, file a complaint and if that does not help resolve the matter, file one in court (with counsel or pro se) to dispute the lien.


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