Colorado Springs, CO asked in Real Estate Law for Colorado

Q: Someone filed a lien against my property. This is not a contractor, it is a person who claims I owe them money. Plz advz

How to we have lien removed? It appears that only contractors, etc are able to use mechanics' liens (which this is not) and any other valid liens must be ordered/approved by the court prior to being filed (this is not the case here either).

What should we do?

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2 Lawyer Answers

Donald C Eby

Answered
  • Castle Rock, CO
  • Licensed in Colorado

A: You may want to have an attorney bring suit to remove the improper lien. If this is not a contractor or supplier of materials for the land or if you have not pledged the land as collateral for a loan, it is likely that this is a faulty lien and you may be able to collect damages.

James Alan Greer

Answered
  • Boulder, CO
  • Licensed in Colorado

A: Dear Liened Property Owner: In order for a lien to be "properly" recorded onto the title of your property it must either have been: (1) from a supplier of construction labor, services, materials; (2) a judgment creditor; or (3) a lender. The lien itself will describe the claimant (names and address), so you should have some idea of who this person/entity purports to be. You can start by directly contacting the claimant and trying to understand the basis for the lien. If that does not achieve a willingness from the claimant to voluntarily release the lien, then I recommend a strongly worded Legal Demand Letter. If that fails, your next alternative is an action in District Court for "unlawful disparagement of title". Oftentimes attorneys fees can be claimed in that action under notions of fraud and bad faith. JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate matters for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 303.818.8422

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