Power of Sale Mechanic's Lien

Power of Sale Mechanic's Lien

Victor NoriegaPro Member
Investor · Round Rock, TX · Member since 2013 · 31 posts · 11 votes

Anyone know how to remove a Power of Sale mechanic's lien? The seller has a property with this type of lien, however, no work was done on the property, it is vacant land. The Lien is a "power of sale" where they entered a contract with a builder. The builder has since gone bankrupt.

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  • General Contractor & Investor · Member since 2015 · 59 posts · 12 votes
    11y
    Usually varies by state buy I would assume you either need the builder to release it or you have to petition the court to remove it
  • Attorney · Winchester, VA · Member since 2015 · 726 posts · 387 votes
    11y

    Generally speaking, there are any number of ways to clear a lien on a property; satisfaction of the lien, challenging the lien in Court, removing the lien through certain types of sales, etc. The remedies available to you depend entirely on your own jurisdiction. To remove a lien, please consult a local Real Estate attorney to help analyze the specifics of your case, and determine the best method of removing the lien based on the cost to litigate v. cost to redeem.

  • Investor · Corpus Christi, TX · Member since 2012 · 2k+ posts · 1k+ votes
    11y

    @Victor Noriega

    Are you sure your preferred title company won't insure around it? 

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