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All Forum Posts by: Braedie A.

Braedie A. has started 2 posts and replied 20 times.

Post: New to community

Braedie A.Posted
  • Investor
  • Posts 20
  • Votes 10

Hi Pamela, I'm a newbie too, wishing you much success! 

Hi everyone, I'm new & happy to be here! Thank you to everyone and hopefully I'll be able to help out as well at some point. 

Very cute cottage, I also like the towel rack. Best of luck to you!

Quote from @Wayne Brooks:

@Account Closed @Braedie A.

As mentioned, in FL the contractor must file suit to enforce the lien within one year. A quick google search shows in WA they have to file suit within 8 months…..so the lien has already expired, by operation of law. It is no longer an issue. Any title company should know this.


 Thank you very much.

Quote from @Account Closed:
Quote from @Braedie A.:
Quote from @Account Closed:
Quote from @Braedie A.:
Quote from @Account Closed:
Quote from @Braedie A.:

We had a homeowners insurance claim, insurance only partly paid the contractor and deemed them over charging and not following industry standards. The contractor put a lien on this property for a dollar amount over the original bill so it is a fraudulent lien. The contractor also sent me to collections and I believe collection companies pay for that so the contractor probably got some money for that. I called the Title Company who told me the only way to remove a lien is for the contractor to sign a release of it, which they won't do. Can I take the contractor to small claims court to force them to sign the release form for the lien? Has anyone experienced this?

Since you don't give dates or amounts, it's hard to know which direction to point you to. Small claims in WA is limited to $10,000 https://www.courts.wa.gov/news...

Your best option is to contact the attorney general's office and file a complaint https://fortress.wa.gov/atg/fo...
and then write the contractor and nicely say that you have determined that they have wrongfully filed a lien against the property, you have filed a complaint with the attorney general and if they don't remove the lien immediately you will contact an attorney about filing a slander of title lawsuit. 

Send it USPS with tracking.

Allow them 30 days to get the lien removed.


 Would you still offer this advice knowing it was put on the house over a year ago?

I would. How much is the lien for?
$27K, which is more than the original bill.
That I would fight for sure.
I'd have an attorney write a letter, may cost a couple of hundred dollars. But a letter is a lot cheaper than $27k plus interest along with the damage it's doing.
Great, sounds good, thank you so much for your help!
Quote from @Account Closed:
Quote from @Braedie A.:
Quote from @Account Closed:
Quote from @Braedie A.:

We had a homeowners insurance claim, insurance only partly paid the contractor and deemed them over charging and not following industry standards. The contractor put a lien on this property for a dollar amount over the original bill so it is a fraudulent lien. The contractor also sent me to collections and I believe collection companies pay for that so the contractor probably got some money for that. I called the Title Company who told me the only way to remove a lien is for the contractor to sign a release of it, which they won't do. Can I take the contractor to small claims court to force them to sign the release form for the lien? Has anyone experienced this?

Since you don't give dates or amounts, it's hard to know which direction to point you to. Small claims in WA is limited to $10,000 https://www.courts.wa.gov/news...

Your best option is to contact the attorney general's office and file a complaint https://fortress.wa.gov/atg/fo...
and then write the contractor and nicely say that you have determined that they have wrongfully filed a lien against the property, you have filed a complaint with the attorney general and if they don't remove the lien immediately you will contact an attorney about filing a slander of title lawsuit. 

Send it USPS with tracking.

Allow them 30 days to get the lien removed.


 Would you still offer this advice knowing it was put on the house over a year ago?

I would. How much is the lien for?
$27K, which is more than the original bill.
Quote from @Account Closed:
Quote from @Braedie A.:

We had a homeowners insurance claim, insurance only partly paid the contractor and deemed them over charging and not following industry standards. The contractor put a lien on this property for a dollar amount over the original bill so it is a fraudulent lien. The contractor also sent me to collections and I believe collection companies pay for that so the contractor probably got some money for that. I called the Title Company who told me the only way to remove a lien is for the contractor to sign a release of it, which they won't do. Can I take the contractor to small claims court to force them to sign the release form for the lien? Has anyone experienced this?

Since you don't give dates or amounts, it's hard to know which direction to point you to. Small claims in WA is limited to $10,000 https://www.courts.wa.gov/news...

Your best option is to contact the attorney general's office and file a complaint https://fortress.wa.gov/atg/fo...
and then write the contractor and nicely say that you have determined that they have wrongfully filed a lien against the property, you have filed a complaint with the attorney general and if they don't remove the lien immediately you will contact an attorney about filing a slander of title lawsuit. 

Send it USPS with tracking.

Allow them 30 days to get the lien removed.


 Would you still offer this advice knowing it was put on the house over a year ago?

Quote from @Wayne Brooks:

@Braedie A. Okay, IF the lien is fraudulent, most states have a mechanism to “bond off the lien” which usually means placing 110-120% of the lien amount in a court registry…this then becomes the “collateral” for the lien and it can be removed from the property. There is also a statutory expiration for the lien, typically 1 year, so if the contractor doesn’t file suit to enforce the lien, it expires. Here, if you properly c”contest the lien” in a recorded document, it shortens the time limit to enforce the lien.  Google up your state mechanic lien statutes.


 The lien was filed over a year ago so I think it is expired but it's still there. The Title Company said it stays with the property so if we sell in 10 years (just an example), will the contractor be paid on it?

We had a homeowners insurance claim, insurance only partly paid the contractor and deemed them over charging and not following industry standards. The contractor put a lien on this property for a dollar amount over the original bill so it is a fraudulent lien. The contractor also sent me to collections and I believe collection companies pay for that so the contractor probably got some money for that. I called the Title Company who told me the only way to remove a lien is for the contractor to sign a release of it, which they won't do. Can I take the contractor to small claims court to force them to sign the release form for the lien? Has anyone experienced this?