Civil Process
Deeds and Ownership

How do you remove a Notice of Lien recorded erroneously without a court judgment on your property?



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If it is a Mechanic's Lien then no judgment is necessary for it to be implemented. If it is not, the person will need to file a petition with the court in which the judgment lien was filed to have it lifted. In most cases the injured party can ontact the office of the clerk of the court where the judgment was granted to obtain filing information and forms. The best option is to obtain legal advice before taking action. Most attorneys offer free or minimal fee consultations to discuss options. While I agree with the above, as the local recorders office, (town,county etc)is generally restricted to recording things that have met certain qualifcations to be recorded - or perfected - against a property, asking that office why it was allowed to be recorded would be a good first step. If it was intended to be recorded against another property and is a clerical error, they will probably just fix it. If the party had qualification to record it, even if you feel it isn't worthy, then you should seek help to clear it, which may well mean paying off whatever they have against you. If they actually had no just cause, and were just doing so to harrass or strongarm you, you may get an award for damages, and they may have other legal problems. Finally, just to clarify: Mechanics and Workmans liens attach to the property immeadiatly upon the work being done. Therefore they may be against a property when you do a title check, but not able to be seen. They do however need to be recorded within 30 days of the work, (generally, most areas) which can even be after a new owner has taken title. Again, generally to record or perfect them, you must present documents like certified mail receipts of demands for payment.