A Beginner's Guide to Filling Out a Contract Lien Release Form

Remove My Lien A Beginner's Guide to Filling Out a Contract Lien Release Form

How to Remove a Lien Using a Contractor Lien Release Form

No homeowner wants their planned home renovation or remodels turned into a contentious back-and-forth with the contractor. Yet, if talks about compensation for work done to break down, the contractor may ultimately force your hand into your wallet by filing a lien on the home or property.

These liens cloud your ownership of the home, making its sale or a refinance through a bank very difficult. While it's unlikely the contractor will use this legal claim to force the sale of your home in the short term, it's prudent to clear the air sooner rather than later.

So, how do you rid yourself of this pesky lien? You could go through the whole bureaucratic rigmarole yourself. This process, however, tends to be long, expensive, and requires plenty of research on your part to get anywhere; but it doesn't have to be this way. DoNotPay is the way to go for fast and convenient construction lien resolution.

What Is a Contractor Lien Release Form?

A contractor lien release form is also known as a release of a mechanic's lien or the final waiver of a lien. It is a legal document given to a client after completing their payment(s) to a contractor, subcontractors, or laborers for work done on the home. The lien, over the amount due, is usually filed because the real estate owner hasn't paid the contractor in full for services rendered or is unwilling to pay the full amount due to alleged subpar workmanship.

If the client clears their debt with the contractor, the contractor lien release form can then be filled, signed, filed, and notarized with the County Registry of Deeds. The client will receive this document reasserting their ownership. Usually, another party is required to bear witness to the contractor's signing of the document.

It's worth noting that there are two major types of contractor lien release forms:

  • Conditional – this type is based on a pre-existing agreement between the homeowner and the lienor of the intent to pay. This form remains valid as long as the owner still has debts to settle with the contractor.
  • Unconditional – it is the more popular type. Herein, signatures of both the homeowner and the contractor are included once the receivables to be paid are sorted out.

How to Remove a Lien

There are three primary ways to remove a lien from your home's ownership records. They include:

  1. Negotiate With the Contractor

Negotiating a settlement with a contractor is the most common and arguably the easiest route to removing the lien on your property. Unfortunately, you may have to pay them some of the money they feel they're owed. Be creative with how you negotiate the terms to get a good deal.

It could be that the contractor is open to accepting a subsidized fee on the condition that the receivables are paid back quickly. Perhaps they're open to receiving their dues over an extended period of time. The contractor could also be willing to make changes or do some extra work, to meet your standards if you pledge payment.

More often than not, contractors and subcontractors are willing to negotiate as liens and litigation are time-consuming and expensive.

  1. File a Lien Bond

The property owner is capable of getting a bond from an insurer that covers the lien amount. These lien bonds are also known as lien discharge bonds or surety bonds. As they're complex financial tools, it's best to talk to an insurance company representative to know what bond works best for your situation.

Here's how it works. Through the bond, the insurance company substantiates to the county clerk your ability to clear the contractor's lien if you're obligated as much. This financial instrument transfers the lienor's claim from your property to the bond; it's called 'bonding off' the lien.

It's normally required one file a bond to remove the lien if you believe you need to refinance or sell your home within a short period. If not, the other two methods are better ways of removing the lien.

  1. Vacate the Lien With a Lawsuit

A legal fight with the lienor is the third and the most drastic way to remove a lien from your home or property. You will need to retain the services of an attorney specializing in real estate or construction law.

Two sides will plead their case. The contractor's side will push for compensation for work done. On the other hand, the homeowner will use evidence and different testimonies to prove no money is owed or that the work done by the contractor was either incomplete or mediocre. If the owner wins, the lien may be stricken from their property record.

It's also possible for additional damages to be rewarded. While the possibility of a favorable outcome is there, litigation is still an unpredictable process. It is also quite expensive and time-consuming, with some cases taking weeks, months, or even years to resolve. Remember, the contractor may also appeal the court ruling if they're dissatisfied. It is why most experts consider this move a Hail Mary.

Other Ways to Remove a Constructor Lien

Negotiate With the ContractorYou may try to negotiate a different method of settlement or ask for an extension.
Hire Surety Bond’s Services in Helping You Out With the LienSurety Bond will help in providing the country with proof that you can pay off the lien’s amount. This will attach the lien to the bond itself and not to the property.
Find a Lawyer Who Specializes in These Cases and Take Them to CourtEven though it may not guarantee you coming out as the victor, there is still a possibility that you could have your case validated as a non-payment.

Let DoNotPay Help You File a Contractor Lien Release Form

As you've seen, it is possible to rid yourself of a troubling lien on your property through a final waiver of lien, although it won't be easy. The difficulty with the DIY process can be avoided with the services of DoNotPay.

We will amass information relevant to your situation and mail to the creditor correspondence requesting a renegotiation of the terms set. Additionally, we'll send a filled Release of Lien form to your creditor. Our priority is to hasten the negotiation process on your behalf to secure your hold on your property as soon as possible.

All you need to do is:

  1. Search for remove my lien on DoNotPay.

     

  2. Start our Remove My Lien product.

     

  3. Answer some questions about your specific lien and let us help you craft a letter to your creditor to resolve the issue.

     

DoNotPay Works Across All Entities or Groups With a Click of a Button

DoNotPay is not a one-trick pony; it's a platform designed to work across several lien-related issues besides filing contractor lien release forms. Reach out to us, and we'll help negotiate lien release terms with different creditors and entities. Some of these areas of interest include:

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