5 Things to Check When Liened

1.  See if it is “defective on its face”

• Was if filed more than 4 months after the last day of work?
• Does it name the wrong owner?
• Does it misdescribe the property?

 If yes, then it can be dismissed quickly. If not, it may take something more.


2.  Have it “bonded”

• Filing a bond can lift the lien off the property and attach it to the bond instead
• “Bonding a lien” can satisfy a landlord or bank
• A bond eliminates the encumbrance on title

 
3.  Deposit 110% of the lien amount with the court

• This will accomplish the same result as “bonding the lien”
• This is a useful tool where obtaining a bond is not possible
• But note that getting the money back often takes time and involves a fee

 
4.  Demand that the lien be foreclosed within 30 days

• Failure to commence a foreclosure action results in the dismissal of the lien
• This strategy is often effective with smaller liens
• Although one is loath to demand that a lawsuit be started, it usually is not

 
5.  Call your lawyer

• Each of these strategies has certain complications and legal wrinkles
• Sometimes it is OK to do nothing and just leave the lien in place
• A lawyer can sometimes calm down a lender or landlord who is alarmed

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