Ask A Lawyer: How do I dispute a lien against my property?

Ask A Lawyer: How do I dispute a lien against my property?

The homeowner has the ability to bond over
the lien claim. What that means is the homeowner can post a bond against the lien, which protects
title to the property. Absent a bond, the homeowner would not be able to sell his or
her property or refinance the property without paying the lien claim. If the lien claim is
disputed, the homeowner bond over that lien claim and then be able to sell the property
or refinance. The second thing a homeowner can do is serve what’s known as a section
34 notice. A Section 34 notice is basically a demand on the lien claimant the contractor
or subcontractor to file suit within 30 days. If the lien claimant does not do so, the lien
becomes void, and that defeats the lien. The third thing an owner can do, is litigate the issue. And a lien claim remains on title to a property, once this properly perfected for
two years from the last day of work. So the homeowner can waited it out if they’re not selling or refinancing their property they can wait it out and see if the lien claimant
actually files suit. Once again they could serve the section 34 notice and force the
issue within 30 days and lien claimant may file suit in which case you’re litigating
it. But in general I believe it’s important for the owner to get advice of an attorney.

2 thoughts on “Ask A Lawyer: How do I dispute a lien against my property?

  1. "Bond Over"??? What the heck does that mean? This legalese does not help the average person know what to do, or how much time and expense are involved in the options given.

  2. True…

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