How can someone file for a lien against my property when I don’t owe them any money?

UPDATED: Jun 18, 2011

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How can someone file for a lien against my property when I don’t owe them any money?

A contractor has filed for a lien against my new home, based on some unpaid concrete work that was to be paid by the builder who I just bought the home from. I have never contracted work with the company filing the lien and owe them no money. How can they file for a lien on the property when it is our builder, not us, who owes them? Should we speak with a real estate attorney? In Colorado Springs, CO.

Asked on June 18, 2011 under Real Estate Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What has been filed against your property is known as a "mechanics lien". In CO as, as in other states, any person supplying labor, laborers, or material to be used in the construction, improvement, alteration, addition to, or repair of a home or building can file such a lien if they are not paid for their work. This includes "subcontractors" (those people hired by your contractor).

They will be a hearing on the matter. There are defenses that you can assert. However, this all can get very complicated. You are best advised to consult directly with a real estate attorney in your area. One thing is for sure, do not ignore this situation, the results of such a lien can be severe.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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