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Removing a mechanics Lien

Discussion in 'Liens & Encumbrances' started by santja, Oct 28, 2016.

  1. santja

    santja Law Topic Starter New Member

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    I hired a handy man to install laminate flooring in my rental property. Upon completion of the project I reviewed his work and found it to be substandard. I requested that he corrected his work before I would paid his bill. He offered to correct the work if I paid him more. I offered to hire another contractor to correct his work and should a balance exist I would send him a check. He instructed me to move forward with my other contractor that he didn't have time to redo my project. Once the work was completed there was a credit of $240. On the check I wrote balance for the flooring and he cashed it. I recently put my property on the market and found out that he placed a mechanics Lien against it. I have copies of my emails and the check showing when it was cashed. Does the fact that he cashed my check close our contract?

    I hired a handy guy to install flooring in my rental property. The work did not meet my expectations and I informed the installer that I would not pay his bill unless he corrected his work. He responded that he felt his work was satisfactory but that he would correct it if I agreed to pay him more money. I refused and told him that if he prefers I can hire another installer and once the bill is satisfied I'll send him the balance if any exists. He agreed to this arrangement. Once the work was completed there was $240 left over. I send the original installer a check for this amount and noted balance due on flooring. He then cashed it. I have all my emails and a copy of the check. I recently put my property on the market and was informed that he had placed a lien against it. I noticed that the lien was filed prior to him requesting that I move forward with my other installer. The title company has requested that he sign a release and he has refused. Does the fact that he cashed the check indicate that our contract was closed? What are my rights?
     
    Last edited by a moderator: Oct 28, 2016
  2. adjusterjack

    adjusterjack Super Moderator

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    The contractor obviously doesn't think so.

    There appears to be three options.

    1 - Sue the contractor for slander of title.
    2 - Negotiate a settlement with the contractor and get the lien released.
    3 - Take your house off the market and wait the two years until the lien expires on its own.

    You can read more about it at:

    New Mexico Construction Lien Law – Construction Liens

    Where statutes are cited I suggest you look them up at:

    2015 New Mexico Statutes :: Chapter 48 - Liens and Mortgages :: Section 2 :: Mechanics' and Materialmen's Liens
     

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