Dale M. Maas, Attorney at Law
888-680-3843 Wills, Trusts and Successions Real Estate and Business Litigation General Litigation and Appeals

How do you remove a lien on a property?

Liens, when contractors use them legitimately, are supposed to provide a way for workers to ensure payment for goods or services they provided you. Flood repair, home improvement and renovations could all generate valid liens on your property. However, you may have a lien for other reasons, such as unscrupulous contracting that leads to subcontractors left unpaid. Even if you pay your contractor in full, a lien could still be valid.

The solution to your problem would probably depend on the details of your case. Due to the complex rules laid out in the Louisiana statutes, some liens are technically invalid from the very beginning. They simply do not meet all of the legal requirements. Others are legal but stem from fraudulent practices. Therefore, the question of whether or not you could get a lien off your property in Louisiana — or secure payment from the person responsible — could have a complicated answer. There are a variety of methods available to potentially lift a lien, all falling into two categories: voluntary and involuntary.

The first category — voluntary cancellation — involves the filer of the document withdrawing the claim on your property. In rare cases, you could potentially achieve this by simply sending the filer a letter explaining the unique circumstances you face and the consequences of the lien.

You may also be able to enter into negotiations with the other party, potentially securing a written agreement to lift the claim in exchange for certain assurances, payments or actions on your part. It could seem in certain cases like a guilty party is getting away with your money if you pay to remove a lien, but it could be that your money and the person truly responsible for your situation is already outside the reach of the law.

Another option that could be available in certain situations is relying on the court to invalidate the claim. This is often most efficient if, upon analyzing the lien, you determine that there are legal issues present. There are a variety of processes potentially available to you. The best option would depend on the legal status of the document in question and your ideal time frame for the resolution of your case.

There is no such thing as a typical lien case. Your situation may involve various parties, all of whom have their own goals for the funds in question. Therefore, please do not view this as legal advice for any material situation. It is only general information.

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Dale M. Maas, Attorney at Law
11777 Justice Avenue
Baton Rouge, LA 70816

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