A lien on your property is more than just a financial headache—it is a public, legal encumbrance that clouds your title, making it virtually impossible to sell, refinance, or take out a Home Equity Line of Credit (HELOC). While liens serve a legitimate purpose for creditors, property owners often face liens that are invalid, excessive, or fraudulent.

When you see that dreaded claim appear on your title report, swift, time-sensitive legal action is required. Here is your guide to understanding and contesting common property liens.

Understanding the Three Main Types of Liens

To fight a lien, you must first know its source and the legal requirements it must meet.

• Mechanic’s Lien (Contractor’s Lien): This is filed by contractors, subcontractors, or material suppliers who claim they were not paid for labor or materials provided to improve your property. This type of lien is highly time-sensitive and governed by strict state statutes (known as lien law).
• Judgment Lien: This is a nonconsensual lien placed on your property after a creditor (e.g., a credit card company, former business partner) successfully sues you and obtains a court judgment for a debt. It attaches to all real property you own in the county where the judgment is filed.
• Tax Lien (Statutory Lien): This is placed by the IRS or local taxing authorities for unpaid federal, state, or property taxes. These often have statutory priority over almost all other liens, though property tax deadlines for appeal vary drastically by locality.

Step-by-Step Defense: How to Contest a Lien

When a lien is filed, your goal is two-fold: confirm its validity and, if invalid, force its removal.

1. Confirm the Lien’s Validity (The Technical Defense)

A majority of liens are successfully contested not because the underlying debt is disputed, but because the claimant failed to follow the incredibly strict statutory procedures and deadlines. Your attorney will check the following:

• Check Notice Requirements: Did the claimant serve you with a Preliminary Notice or “Notice of Intent to Lien” within the required timeframe (e.g., often 20 days after beginning work)? Failure to serve this notice on time can invalidate the claim for work performed prior to the notice.
• Check the Filing Deadline: In most states, a Mechanic’s Lien must be recorded within 60 to 90 days after the completion of work or the last date labor was furnished. Filing outside this window renders the lien invalid.
• Check the Lawsuit Deadline (Perfection): A contractor who records a lien must generally file a lawsuit to foreclose (perfect) the lien within a further specific period, often 90 days of recording the lien. If they miss this second deadline, the lien becomes invalid and unenforceable.
• Review Documentation: Is the property description accurate? Is the amount claimed grossly exaggerated? Overstating the amount owed can invalidate the entire lien claim.

2. The Legal Process for Removal

If you determine the lien is invalid or you dispute the underlying debt, you have three primary avenues for title encumbrance resolution:

• Negotiation (Voluntary Release): Your attorney negotiates a settlement, a reduced payoff, or a payment plan in exchange for the claimant signing a Lien Release document. This is best for disputes over amount or minor defects, as it is the fastest and cheapest option.
• Petition to the Court (Contested Removal): If the lien is demonstrably invalid (e.g., missed the 90-day foreclosure deadline), your attorney files a Petition for Release of Property from Lien with the court. This is best for removing procedurally flawed liens where the claimant refuses to cooperate and requires a court order.
• Filing a Surety Bond: You obtain a bond from an insurance company for 1.5 times the lien amount. This “bonds off” the lien, moving the claim from your property to the bond. This is necessary if you need to sell or refinance immediately while the underlying dispute is ongoing.

The Deadline Danger: Why You Must Act Fast

Deadlines for contesting a lien are non-negotiable. For instance, if a contractor fails to file their foreclosure lawsuit within the 90-day window, you can petition the court to remove the lien, but you must still take action to get the lien officially removed from the public records. An unreleased, invalid lien will still be flagged in a title search, preventing you from refinancing or selling until it is formally discharged by court order or documented release.

Conclusion

A lien is a direct attack on your property rights and must be addressed with urgent legal precision. The legal distinction between a valid and invalid lien often hinges on a single missed deadline or an improperly served notice—details only an expert real estate attorney can effectively audit and challenge. Whether you need to negotiate a settlement, file a petition to clear a procedurally flawed lien, or fight a fraudulent claim, swift action is key to protecting your ability to sell or refinance. To connect with the expert attorneys who specialize in complex title curative actions and resolve your “how to remove a mechanic’s lien” concern immediately, contact Lforlaw today.

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Sources

1. Nolo Law: How to Remove a Mechanic’s Lien From Your Home (Details negotiation and court action options).
2. CSLB (Contractors State License Board): What if a Mechanics Lien is Filed on Your Property? (Emphasizes strict preliminary notice and filing deadlines).
3. LII / Legal Information Institute (Cornell Law): Judgment Lien (Explains the nonconsensual nature and duration of judgment liens).
4. County Recorder/Clerk’s Office: State-specific guidelines on recording Petition for Release of Lien documents.