Hi, how is a lien discharged when defendant is required to do so in court document but fails to do so?
3 replies
Mar 29, 2020
The court should have issued an order that can be recorded at the registry of deeds. Sometimes the lawyer prepares the order, and the judge signs it.
Sincerely,
Andrea
Goldman Law Group
60 Austin Street, Suite 210
Newton, MA 02460
T: 617-953-3760 F: 617-321-4191
agoldman@goldmanlg.com
www.GoldmanLG.com“Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com
"Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com
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Apr 3, 2020
If a mechanics lien claimant hasn't filed a lien release after their lien has been deemed invalid or unenforceable, sending them a demand letter requiring the release of the lien may be a good next step. And, if they refuse, filing an action to enforce the judgment and forcing the claimant to release their lien might be a good next step.
Admittedly, though - I don't have practical experience with Massachusetts mechanics lien suits, and there may be a better next course of action that I'm not privy to. So, it'd be useful to consult with your attorney or another Massachusetts construction attorney when deciding how to move forward and force the release of the lien.
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Apr 4, 2020
In order to discharge a lien, you either need someone to do it voluntarily or get a court order. The court process isn't cheap, because you have to file an action and have a hearing. I find it costs $3500-$5000.00 for me to complete the process. Feel free to give me a call.
Sincerely,
Andrea
Goldman Law Group
60 Austin Street, Suite 210
Newton, MA 02460
T: 617-953-3760
agoldman@goldmanlg.comwww.GoldmanLG.com
“Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com
"Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com