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Roger
Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31782
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If a custom home buillder does not file a signed mechanic's

Customer Question

If a custom home buillder does not file a signed mechanic's lein what should be done for a release of lein?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If the mechanic's lien was not filed, then it is not truly a mechanic's lien.....so it would have not actual authority to lien the property for payment.

Nevertheless, if you've resolved the dispute, the best thing to do is to have a simple document drawn up that says the builder releases all claims against the property owner, the real estate and improvements.....and have the builder sign and date the document in the presence of a notary.

Customer: replied 1 year ago.
The response confirmed how we handled the issue and we filed the signed document with the county clerk.
Dan
Expert:  Roger replied 1 year ago.

Thanks for the update and good luck with this. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!