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what can be done once a mechanic lein is put on my house that was a complete gut renovation

mechanics lien has beed put on house work is subpar wood floors are cupping, kitchen cabinets doors are not lined up, ceiling moulding are mot flush to ceiling, mittered corners have large gaps and not straight new front door was not installed master bathroom shower not done paint is chipping and patched up plaster board can be seen did not put step on front main door paint on new installed windows interior vinyl clappord on side of house wavy (house was completely resided) crawl space barrier disturbed and has plenty of ground showing ( in perfect condition prior to floor work wood floors have dipps and not level to each other on same floor joists were replaced and additions floors are not evenely matched up not sure if moisture barrier was installed under wooden floor between hardwood and sub floor electrical is not complete put tankless water heater in incorrect spot refused to move it have asked several times for accounting on work never received plus some other issues what is course of acction with the lein?

1 reply

Jan 20, 2020

When a mechanics lien has been filed on your property, it's usually a good idea to consult with a local construction or real estate attorney about the matter. They'll be able to review your project documentation, the filed claim, and any other relevant circumstances then advise on how best to move forward in your particular situation. With that being said, there are a few steps an owner may take to try and get the lien filed against their property removed. Before diving in, this resource may be valuable: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

How to remove a Maine mechanics lien

The fastest and simplest way to have a lien removed from the property is always to have the lien claimant remove the lien, themselves. Certainly, claimants are typically reluctant to release their own lien claims. But, if an owner (and/or their attorney) can show that the lien claim is seriously flawed or even fraudulent, then they might convince a lien claimant to release their lien claim on their own accord. Certainly, negotiating payment could work in the same fashion and could help to quickly get rid of a lien problem. Alternatively, an owner can always challenge the filed lien. That's done via legal action, which will generally require an attorney. Under § 3263 of Maine's mechanics lien statute, an owner can petition the court for the release of the lien claim and may be entitled to that relief or a further hearing thereafter. What's more, the court may allow the owner to bond off the lien claim - and that would at least remove the property title out of the equation. As mentioned a few times above, though - once a lien claim is on the books, it's often a good idea to consult or hire a local attorney in order to battle the filed lien or simply to negotiate on your behalf.

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