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How to deal with a bad lien

MassachusettsMechanics LienRight to Lien

I'm a GC on a project in Massachusetts. I signed a contract with someone for the excavation for $16,500. It had a date of completion in the contract of November 4th. He missed this timeline by about 2 weeks before I finally removed him from the project. He is now claiming he removed more dirt from the site than the contracted amount and has filed a lien for $40,000 in total. I'm not sure what to take as next steps.

19 replies

Dec 23, 2021
Where is your sub in the lien process? Has he recorded both the Notice of Contract and Statement of Account with the Registry of Deeds? Has he filed a Complaint yet against you and the Owner?
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Dec 23, 2021
he has filed both a notice of contract and statement of account. In the statement of account he misrepresented both the original contract amount and the amount paid
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Dec 23, 2021
He has ninety days from the date the statement of account was recorded to file suit. He has thirty days thereafter to record a certified copy of the complaint. If he does not file suit the lien is dissolved by operation of law. Unless you are getting pressured by the owner, ae the sub is willing to negotiate, consider doing nothing until the ninety days expires.
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Dec 26, 2021

Certain liens are a normal and anticipated aspect of being a property owner. But some liens may present issues when purchasing or selling the house. If you're a current homeowner or looking to buy a property, be sure you fully understand how liens might affect the properties and how to have a lien erased. When you found the debt after acquiring your property, you may be able to file claims with your property insurance provider. To read full article about this subject, visit https://www.emulatorpc.com/blog/5-best-hyper-casual-games-pc/

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Dec 29, 2021
You can wait and see if he completes the lien (its difficult). Or, you can bring a summary action to dissolve it on your title if you are in a rush
 

 

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Dec 30, 2021

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Jan 3, 2022

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Jan 6, 2022

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Feb 1, 2022
The most straightforward way to remove a lien from your property is to satisfy the debt. Once you have paid it off, you can file a Release of Lien form, which acts as evidence that the debt has been satisfied. Geoff Townsend - https://www.treeloppingcairns.com/stump-removal/
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