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How to Fight an Invalid Lien on Your Property



You've just refurbished your property and paid the contractor, but the contractor fails to pay his associates. Next, you realize that the associates have placed a lien on your property, claiming their payment was never received. If this happens to you, you'll need to know how to fight a hold on your property.


The experienced property lawyers at Richards and Colburn Law will help you determine why a lien has been placed on your property. Our lawyers can file a lawsuit against the lienholder in Nashville and surrounding counties.


What is a Lien?

If you owe someone else's money, it's necessary to understand a hold on property in case it's placed on your assets. For instance, if you purchased your home using a mortgage, it's important to familiarize yourself with a lien and how it works.


A lien is a legal claim against your property or another asset, a security interest taken by the seller in return for credit. These are often used as collateral and gives another person the right to access your property if you fail to honor the payment agreement. However, this does not only refer to your home or property, this can also be placed against your land, boat, or car.


A legal judgment or a creditor can enforce a lien. If you don't honor the agreement for a certain period, the creditor can get the right to access and seize your asset that is subject to the lien.


What if it is an Invalid Lien?

Property holds are powerful tools that contractors use when they have defaulting clients that do not honor their agreements. Property owners may intentionally default or be unable to complete payment as agreed in the contract. As a result, the lienholder has the right to take legal action that could see them have legal access to your property or even demand to seize part of or a whole property, depending on the amount owed.


But, like any other powerful element, this can be abused — whether intentionally or the contractor didn't meet the obligations needed to place a hold on the property. Therefore, it's important to be vigilant of the collaterals placed against your property to prevent distortion by the lienholder.


However, you must act swiftly if you feel a lien has been invalidly placed on your property. The first thing to do is to get in touch with an experienced attorney in Nashville to help you with the situation. Your construction attorney can help you understand how to go about the complex legal process of disputing a lien in Tennessee.


How to Remove Mechanics Lien Quickly

Seeing your investment turn into a contract dispute can be frustrating as a property owner. A hold on property is like a dark cloud over your assets, making it hard for you to finance your property.


Nonetheless, if you feel that a lien has been illegally placed on your property, you can remove this from your property in the following ways:


Negotiate With the Home Contractor

The most efficient and effortless way to remove a lien from your asset is to negotiate a settlement with the lienholder. Although sometimes this may involve paying contractors money you feel they don't deserve, you can employ creative ways to resolve the problem.


Maybe the contractor will agree to do extra work, including making changes to the initial contract. Fortunately, once you negotiate, it can be easy for the contractor to remove the collateral.


Filing a Lien Bond to Remove the Lien

As the property owner, you can secure surety or discharge bonds to cover the amount owed.


Filing a bond can be complex, so it's essential to meet with an insurance company to determine the type of bond most appropriate for your case.


When opting for this approach, the bond detaches the lien from your property, and the lienholder's claim is attached to the bond. This option is often good when you urgently need to refinance or sell your property.


File a Lawsuit Against the Contractor

The last option you have is to file a lawsuit against the lienholder. There are multiple construction legal service providers in Tennessee. However, you need an experienced attorney to understand how to dispute a lien on your property.


Filing a case will force the contractor to develop a case on their reason for the claim. And if the case lien was illegally placed, an experienced lawyer in Nashville and surrounding counties will help you understand how to fight a hold on your property.


Why Having Professional Construction Law Assistance is Vital

Professional construction lawyers such as Richards and Colburn understand the complexities of the legal process in Tennessee. They can navigate you through the process, so you don't have to do it alone. An experienced construction layer in Nashville and surrounding counties can also help you with the following:


  • Identify the lienholder and review the underlying court judgment

  • Go over your legal options for removing the lien, including filing for bankruptcy or satisfying legal judgment

  • Negotiate settlement procedure and ensure the lienholder takes necessary steps to clear the hold on property

  • File a legal case to remove an invalid lien


Let Richards and Colburn Law Help You Fight a Lien

Construction law requires particular expertise and experience in standard practice. However, if another party files collateral against your assets in Nashville and surrounding counties, Richards and Colburn Law can help you whether you're a property owner or a contractor.


With decades of experience as an attorney and a tradesman, Nathan Colburn, understands how to dispute a lien on your property effectively. He has successfully handled lawsuits for homeowners, contractors, and subcontractors efficiently.


Call us today for more information on fighting an invalid lien on your property.


Image Credit: Maks_lab on Shutterstock


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