Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 1 year ago, 12/31/2023

User Stats

22
Posts
6
Votes
Jochy Perez
  • Methuen, MA
6
Votes |
22
Posts

Mechanic's lien fraudulently filed

Jochy Perez
  • Methuen, MA
Posted

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

Loading replies...