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We are selling our house in 1 week and a GC put a fraudulent lien on our home well past the 90 days. Thank you
Answered Mar 3, 2021
Why is the lien fraudulent? Here are some options:
How to remove a property lien
You'll need to file a lien release form in order to sell or transfer your property.
A lien release form can remove a property lien, or a claim a creditor has against your property for a debt you owe.
Property lien removal process
A lien against your property will prevent you from selling it until that debt is paid. Here are the steps to take to remove the claim of the lien holder against your property.
Make sure the debt the lien represents is valid. If you don't believe you owe the debt to which the lien is attached, you may want to consult with an attorney.
Pay off the debt. If the debt is valid, pay the creditor in full. If you work with an attorney, you may be able to negotiate a lower payoff amount.
Fill out a release-of-lien form. You can often find lien release paperwork online. If not, try the county clerk's office or an attorney, if you have one. Make sure the form includes your name, the lien holder's name, proof and amount of the debt paid, and a description and address for the property.
Have the lien holder sign the release-of-lien form in front of a notary. The lien holder needs to sign the document in the presence of a notary public.
File the lien release form. You'll usually file the lien release at the county recorder's office, at which point it becomes public record. You may have to pay a small fee to file.
Ask for a lien waiver, if appropriate. A lien waiver is a document from a contractor showing that you have paid for the work in full and waiving all future lien rights of the contractor in the work or equipment.
Keep a copy. You'll want to have a copy of the release form for your records.
Other ways to avoid or remove a lien
Court order. If you believe the lien exists due to bad faith, coercion, or fraud, you may be able to obtain a court order lifting it.
The lien is a result of a money judgment issued by the court.
I encourage you to engage an attorney with knowledge and expertise to assist you with this matter.
All the best,