Mechanic's lien fraudulently filed

[Jochy Perez]

Hello, 

I was working with a contractor to do some painting and didn't like the work and decided to let them go. This involves 2 properties. The 1st floor was painted at both places and 2nd floor remained to be done. The contractor was paid for the work completed, however, they still wanted to get paid for the 2nd floor even though they didn't do the work (ended up doing it myself). This was under 5k total owed according to them.

They never hired an attorney or went through the proper process, filled a generic mechanic's lien (found on rocket lawyer), and filed them with the registry of deeds.  The lien is absolutely unperfected as they listed me personally as the owner (I am not the owner or was at the time, properties are owned by a trust), contract was never filed. 

After filing these bogus liens, they sued me (personally again) in small claims court. Case was found on my favor, however, those liens still remain there. I had my attorney file a motion asking the court to dissolve the liens but according to the court magistrate, the motion was denied (which is strange) on grounds that the court is without authority to grant the relief requested in a small claims matter. 

"Chapter 254 Section 15. If it appears to the court that no person is entitled to a lien, or that every lien has been discharged by payment thereof, judgment shall be entered to the effect that the lien is dissolved, and a certificate to that effect shall be sent forthwith by the clerk to the register of deeds. Such certificate shall be filed and recorded in the manner provided in sections eight and nine."

Trying to figure out how the heck to remove those since they are invalid and quite frankly fraudulently filed. 

I did research online and it all points to paying the contractor (which I will not do) and getting a written statement to release. Another option is to bond the claim, however, there's no claim since court determine I don't owe anything. 

It's really unfortunate registries allow just about anyone to file whatever they want making it a huge hassle get clear title again. 

Any help or guidance in the right direction would be greatly appreciated. 

Thanks

[Tom Gimer]

If the vendor filed suit in the wrong court (which it did) and lost (which it did), I would simply confirm with a title company/insurer that the “lien” has either expired or been dissolved as a matter of law and stop wasting my money.