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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36226
Experience:  16 years real estate, Realtor. Landlord 26 years
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Customer Question

How do I get a mechanics lien removed from my home that was illegally filed.
I had a Waiver of Lien in my possession when the document was filed.
It has been 7 months since last work was performed.
Thank You,
Clint
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Barrister replied 4 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I need a little more of the back story to determine what is going on here and what your options are..

Is the waiver of lien you have signed by the same person who filed the lien?
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How long ago was it filed?
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Why is the person claiming that you sitll owe them money?
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Did they perform additional services after they gave you the initial lien waiver?
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Thanks
Barrister
Customer: replied 4 years ago.


#1-No ,the lien was filed by Express Lien,Inc.dba Zlien


 


#2-The lien was filed 12/14/2012


 


#3-Dispute, I had to hire people to correct mistakes, and held back those funds


 


#4-No


 


Thanks


Clint

Expert:  Barrister replied 4 years ago.
Ok, If my math is correct, they filed the lien about 2 months after they last did work on the dwelling?
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What state is this in so I can determine how long they have to enforce it?
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And I am assuming Zlien filed the lien on behalf of the contractor that did the bad job?
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Thanks
Barrister
Customer: replied 4 years ago.


#1-10/1/2012 to 12/14/2012 about 2-1/2 months.


#2-Colorado-I understand they have 6 months from last work performed to enforce the lien, it has been 7 months.


#3-Yes-I believe Zlien is on line and is based in Beaverton, OR.


Thanks


Clint

Expert:  Barrister replied 4 years ago.

Ok, under CO law the lien statement must be filed within four months of the day the last work was performed or materials supplied by the lien claimant under C.R.S.§38-22-109(4).
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So if they filed 2.5 months after performing work they are still within the time to file.
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But it it the "notice of intent to file lien" that automatically terminates 6 months after filing (C.R.S.§38-22-109(10)). If they have actually filed a lien, then it can stay in effect for up to one year from the filing if they file to renew the notice prior to its six month expiration. (C.R.S.§38-22-109(10))
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So if they actually filed the lien and not just the "notice of intent to file lien" they can pursue enforcement for up to a year from filing if they renew it before it expires. But if they haven't renewed it, then after 6 months it expires.
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If this is an improper lien that has expired, then your recourse would be to file a motion to discharge the lien with the court. You could also file suit against the contractor for "slander on title" for placing the lien on the title of your property in the first place. This is a tort action and if you can prove the lien is baseless, you can get the judge to order the lien dissolved, recover the cost of filing the suit along with attorney's fees as well as punitive damages for the contractor maliciously filing the lien.
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You might be able to avoid litigation by having an attorney send a letter to the contractor stating that if they don't file a release for the lien, you will sue them for breach of contract and slander on title and they will be held liable for compensatory and punitive damages due to their actions. Sometimes when someone gets a letter from an attorney, that will "encourage" them to act rather than be dragged into court.
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Thanks.

Barrister

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing.There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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