Tips for Removing an Invalid Mechanic’s Lien Against Your Property

If a mechanic’s lien has been filed against your property, and you believe it to be invalid, knowing how to dispute a mechanic’s lien effectively is crucial. A lien—even one that’s flawed—can cloud your title, stall sales or refinancing, or even threaten foreclosure if left unresolved.

In this post, we’ll walk through what can render a lien invalid, and then offer a roadmap of actionable steps to get the lien removed.

What Makes a Mechanic’s Lien Invalid?

Before you can successfully dispute a mechanics lien, you need to understand the common defects that render a lien invalid. A lien may be subject to challenge when it falls short in one or more of these respects:

1. Missed deadlines or notice requirements: Many states require preliminary notices or strict timelines for filing. If the claimant failed to serve required notices (e.g. a “preliminary notice”) or filed after statutory time limits, the lien may be invalid.
2. Incorrect or insufficient property description or names: If the lien refers to the wrong parcel, an ambiguous address, or misidentifies parties, it may be void.
3. Overstated amounts or improper scope: The lien must accurately reflect only work or materials actually delivered; including extras, future work, or exaggerations may undercut enforceability.
4. Lack of contractual or legal basis: If the work was outside the contract, unauthorized, or nonexistent, the lien lacks foundation.
5. Failure to follow statutory format or content requirements: Some states demand specific sworn statements, legal language, or attachments.
6. Payment or waiver already satisfied: If you have paid in full or the claimant executed a valid release or waiver, the lien may be invalid.

Any one of these can form the basis to dispute a mechanic’s lien, so your first step is to see whether one or more of these defects apply in your case.

Steps & Tips for How to Dispute a Mechanic’s Lien

Below is a suggested step-by-step path. Depending on your jurisdiction, some steps may differ (so always check your state’s rules or consult counsel).

1. Confirm the Lien Is Truly Invalid

• Review the lien carefully: Check the filing date, the claimant’s name, the property description, the amount claimed, and any attached documents. See whether that filing is consistent with statutory deadlines and content requirements.
• Compare to the statute: Pull up your state’s lien statute and compare the requirements line by line. See whether the claimant complied with each.
• Look for red flags: If the lien lacks a preliminary notice, misstates property lines, fails to specify the last date of work, or is untimely, those may be fatal flaws.
• Request proof: Ask the claimant to produce detailed invoices, contracts, change orders, delivery receipts, and proof of work performed. If they cannot substantiate their claim, that strengthens your position to dispute the lien.

2. Gather All Relevant Documentation

Collect everything that supports your case:

• The contract (and any amendments or change orders).
• Proof of payments made (checks, bank records, canceled checks).
• Correspondence (emails, letters, texts) discussing work, disputes, or payments.
• Inspection reports, photos, testimony, or other evidence showing defects or nonperformance.
• Any lien waivers or releases already signed.
• The county recorder records or a certified copy of the mechanics lien filing.

Having a well-organized packet of evidence makes your challenge much stronger.

3. Contact the Claimant Directly

Before jumping to litigation, try to resolve the matter amicably:

• Reach out in writing (via certified mail or another trackable method) and express your position: you believe the lien is invalid for reasons you identify (e.g. late notice, overcharge, work not performed).
• Ask whether the claimant will voluntarily release or correct the lien.
• If they are reasonable, you may negotiate an agreement (e.g. partial waiver or amendment) in exchange for payment or mutual release.

Often, a claimant will prefer resolving the issue this way rather than face litigation.

4. Use a Written Demand for Lien Release

If informal contact fails, escalate:

• Send a formal written Demand for Release of Lien or Lien Release Demand Letter.
• In this demand, cite the specific deficiencies (e.g. “you have not filed a timely preliminary notice,” or “you lack proof of delivery”), demand that the lien be released within a set period (e.g. 10 or 14 days), and state your intention to take legal steps if refused.
• Provide a blank lien release form (if allowable in your jurisdiction) so the claimant can execute and record it.
• Keep proof of delivery (certified mail, return receipt, etc.).
• In many jurisdictions, statutes require that you send such a demand before you can file a petition or lawsuit to remove the lien.

If the claimant accedes, you may have the lien released relatively quickly.

5. File a Petition or Lawsuit to Remove the Lien

If the lien claimant refuses to release it voluntarily, your next step is to litigate:

• Petition/motion to expunge lien: File a petition (or motion) in the county or appropriate court requesting that the lien be expunged or vacated as invalid. This is sometimes called a “petition to remove mechanics lien.”
• Attach supporting evidence: Include your documentation showing the deficiencies of the lien (notice defects, lack of evidence, contract, payments, etc.).
• Serve the claimant: The claimant must be given formal notice of the petition or lawsuit.
• Hearing or response: The court may schedule a hearing; the claimant can respond or oppose. If the court agrees your lien is invalid, it may issue an order removing it from the title record.
• Liability for costs and fees: In many jurisdictions, the prevailing party (you, if successful) can recover attorney’s fees and costs.
• Lien release bond (if accelerated relief needed): In some states, you may post a bond (sometimes called a “lien release bond”) guaranteeing payment if the claimant later prevails; this allows immediate recording of a release while litigation proceeds.

Be aware that litigation can take time and effort, but it is often needed when a claimant stands firm.

After the Lien Is Removed—What to Do & Preventive Strategies

After removal

• Once the lien is released by court order or voluntarily, record the lien release or court order with the county recorder’s office so that your title is cleared.
• Confirm in the title records that the lien is no longer shown.
• If you incurred costs or attorney’s fees, seek to recover them (if your jurisdiction allows).
• If the claimant wrongly filed the lien, you may have a cause of action for damages (malicious filing or slander of title) in some states.

Preventing future lien problems

Our blog on avoiding a mechanic’s lien has more details, but here are quick tips to help you in the future:

• Include protections in contracts: Require lien waivers (conditional and unconditional) for progress and final payment.
• Obtain lien releases before making final payment: Don’t issue the last check until all subcontractors and suppliers submit releases.
• Monitor subcontractors and suppliers: Ensure they send required preliminary notices and follow proper filing rules.
• File a Notice of Completion/Cessation: In states like California, a homeowner can file a Notice of Completion which shortens the timeframe in which a lien can be filed.
• Require documentation and transparency: Keep tight control over change orders, subcontracts, inspection reports, invoices, and progress payments.
• Use performance or payment bonds: For larger projects, bond protection may shift lien risk to insurers.
• Vet contractors carefully: Choose reputable, licensed, well-insured contractors with clean track records and good references.

By combining careful contract design, oversight during construction, and a readiness to challenge defective liens, you greatly reduce the risk that an invalid mechanic’s lien will derail your property rights.

More Questions? The Mellor Law Firm Can Help

Disputing a mechanics lien can be an uphill battle, but when a lien is invalid, you have legal options. The key is to act methodically: confirm the defect, gather evidence, press the claimant for voluntary release, and if needed, file legal action. And once the lien is off, adopt proactive strategies so the issue doesn’t recur.

If you find yourself unsure of the procedural requirements in your jurisdiction, or feel outmatched by a lien claimant, it’s wise to consult a construction or real estate attorney experienced in lien law. The team at The Mellor Law Firm can guide you through how to dispute a mechanic’s lien, answer your questions, and protect your property.