How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5674
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
68197583
Type Your Real Estate Law Question Here...
Attyadvisor is online now
A new question is answered every 9 seconds

I need an attorney for un-lawful lien against my commercial

Customer Question

I need an attorney for un-lawful lien against my commercial property.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 3 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 3 months ago.

I am an Arizona licensed attorney and it will be my pleasure to assist you. What type of lien was filed?

"A.R.S. § 33-420.A generally prohibits the filing of false or groundless documents. The statute makes a “person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded, knowing or having reason to know that the document” contains groundless or false claims “liable to the owner or beneficial title holder of the real property.” http://www.omlaw.com/azapp-blog/postings/2013/recorded-documents-that-assert-an-interest-in-real-property-such-as-a-notice-of-trustee-sale-are-subject-to-arizonas-groundless-lien-statute/

Expert:  Attyadvisor replied 3 months ago.

33-420. False documents; liability; special action; damages; violation; classification

A. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the owner or beneficial title holder of the real property for the sum of not less than five thousand dollars, or for treble the actual damages caused by the recording, whichever is greater, and reasonable attorney fees and costs of the action.

B. The owner or beneficial title holder of the real property may bring an action pursuant to this section in the superior court in the county in which the real property is located for such relief as is required to immediately clear title to the real property as provided for in the rules of procedure for special actions. This special action may be brought based on the ground that the lien is forged, groundless, contains a material misstatement or false claim or is otherwise invalid. The owner or beneficial title holder may bring a separate special action to clear title to the real property or join such action with an action for damages as described in this section. In either case, the owner or beneficial title holder may recover reasonable attorney fees and costs of the action if he prevails.

C. A person who is named in a document which purports to create an interest in, or a lien or encumbrance against, real property and who knows that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid shall be liable to the owner or title holder for the sum of not less than one thousand dollars, or for treble actual damages, whichever is greater, and reasonable attorney fees and costs as provided in this section, if he wilfully refuses to release or correct such document of record within twenty days from the date of a written request from the owner or beneficial title holder of the real property.

D. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid.

E. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid is guilty of a class 1 misdemeanor.

Expert:  Attyadvisor replied 3 months ago.

Can you tell me the type of lien? There are judgment liens, mechanics liens, Attorney liens etc.,?