What Happens When a Mechanics Lien Is Filed?
Did you have some work done on your property, and the contractor now claims you haven't paid off your debt? If so, you may have a mechanic's or contractor's lien on your name, which can give another entity the legal right to seize your property if you fail to pay off the debt in a timely manner. So ?
The process can be tricky and confusing, but we'll walk you through the basics of what happens when a mechanic's lien is filed. DoNotPay was designed to help people like you get more done and stand up for themselves, and we want to help you get your mechanic's lien released as soon as possible.
What Is a Lien?
A lien is a legal right of a contractor or another entity to claim your property as collateral for unpaid debts. There are several types of liens, including:
- Bank liens
- Tax liens
- Real estate liens
- Judgment liens
- Mechanic's liens
Most contractors and subcontractors will require a mechanic's lien before they begin building. A mechanic's lien covers:
- Unpaid labor
- Cost of materials
- Equipment and machinery
- Contracted labor and services
Each type of lien comes with its own set of rules and regulations, though every single one can negatively impact your credit score. Your credit score can play a major role in determining whether you can buy a house or car, take out loans of any kind, and get approved for credit cards.
What Is a Mechanic's Lien?
More specifically, a is a lien filed for a contractor doing work on your property, whether your house, car, land or something else. They may claim that you didn't pay your balance in full.
When a mechanic’s lien is filed:
- The creditor is allowed to repossess your property or keep the lien on the property if you don't pay off your balance.
- A mechanic's lien is almost always filed as a public record, making it available for anyone to access and view the records.
- It is illegal to sell property that has a lien. This means that if you want to sell your house or car that has a lien on it, you will have to take care of the lien completely before you can sell.
If you want to sell your property in the near future, and you suspect you may have a mechanic’s lien or any lien, you should check with the county clerk's office in your area.
Where Do I File a Mechanic's Lien or a Mechanic’s Lien Release?
When filing a mechanic's lien, or attempting to get the lien released, you will have to work with your local county clerk's office. They will have the necessary paperwork and forms to help you complete the process.
How to Get a Mechanic’s Lien Released on Your Own
Getting a mechanic's lien released on your own can be tricky and overwhelming, but it is possible. To get a mechanic's lien released on your own, follow these steps:
- Double-check the lien to ensure that it is completely valid, so you can avoid paying a debt that you don't actually owe.
- Pay off the debt entirely as soon as possible.
- Visit your local county clerk's office or website to get a lien release form.
- Fill out the information as accurately and completely as possible.
- Get the other party to sign the lien release form with a notary present.
- Turn in the release form to your local county clerk.
- Keep a copy for your own records.
There are potentially other methods to get your lien released, though that usually means getting lawyers involved and diving into tough negotiations, such as.
|Making a deal with the contractor who placed the mechanic's lien||This may involve negotiating a payment amount and reaching a settlement to avoid time-consuming lien processes.|
|Filing a lien bond to have the lien removed||The property owner is entitled to obtain an insurance bond that covers the total amount of the lien. This ensures contractors will be paid and you will be able to have the lien removed from your property.|
|Filing a lawsuit against the contractor to have the lien voided||If you believe a contractor has filed a lien for an amount that you should not owe, you may need to take the contractor to court. This will involve getting an attorney and extra time and money, and should always be the last resort.|
Those negotiations can take months or even years. If you have been given a lien unfairly, however, you should contact a lawyer to work on your case.
Getting a Mechanic’s Lien Released With DoNotPay
If you feel overwhelmed at the thought of getting a mechanic's lien released on your own, we completely understand. That's why we made the Remove a Lien tool.
To get started, follow these three easy steps:
- Search for remove my lien on DoNotPay.
- Start our Remove My Lien product.
- Answer some questions about your specific lien and let us help you craft a letter to your creditor to resolve the issue.
After you submit your request, we will get right to work on getting your lien released. DoNotPay will make the very best case on your behalf, so you can relax knowing that we will do everything we can to get the job done right the first time. In the meantime, you can relax or focus on the other tasks on your to-do list.
What Else Can DoNotPay Do for Me?
Besides assisting you with mechanic's liens, DoNotPay can help you
there are dozens of other services we provide to people like you! Some of our most popular services include:
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We have already helped thousands of people with their least favorite tasks, and we can help you get more done in less time too! Visit DoNotPay today to see what we can do for you!