How to remove anillegal lien?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.