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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have had a mechanics lien placed on my property

Customer Question

I have had a mechanics lien placed on my property for work done by a tenant (under the guise of his business which has a contractors licence) who intended to buy the property and he made improvements not authorized by me during the time he was a tenant. When the situation changed, he moved out and recorded a mechanics lien in spotsylvania Co, Va. for the work he did. He never sent me a bill and obviously there was no contract done for the work. How can I get this lien removed as I am trying to sell the house.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Roger replied 6 months ago.
Hi - my name is ***** ***** I'll be glad to assist. The contractor only has 6 months to file suit to enforce the mechanic's lien.....and if suit isn't filed within that time, then the lien is not enforceable. Here's a good link you can read:
Expert:  Roger replied 6 months ago.
There are also notice and timing issues that the contractor obviously has not complied with. You can read about that here:
Expert:  Roger replied 6 months ago.
So, your option would be to wait 6 months and let the lien expire OR you can file a petition in court to remove the lien and allege that the lien is improper, that the contractor didn't properly follow the lien notice provisions, that you never authorized the work, etc.
Expert:  Roger replied 6 months ago.
Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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