Take out background in the Mechanic's Lien

Aug 6th, 2022
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How to take out background in the Mechanic's Lien

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hey matt the mortgage guy here in todays video im going to talk about how to remove a mechanics lien in california [Music] so like most videos on my channel ive gotten questions from clients ive had clients go through some stuff that was not so pleasant and in turn im learning digging in trying to help them figure out how do we fix this and so in the latest rendition of things my clients have been through were going to talk about mechanics liens what they are how you get them removed so without further ado first and foremost i think it makes sense in this video if you got here you probably know what mechanics lien is but if you dont uh mechanics lean is something that somebody files as a lien on your property and it creates it creates a cloud on title and when you you say lien lets say that somebody came and did some roofing work at your house there was some dispute they said they didnt get paid they could go file a mechanics lane and say hey this this property owner owes me

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Typically, owners and general contractors choose from two mechanisms found in the British Columbia (BC) Builders Lien Act: either apply to the court under Section 24 to post cash, bond or a letter of credit in the same amount as the lien claim or, in the appropriate circumstances, post security for the lien holdback
Each province has different rules about the time limit of a lien. In Alberta, for example, your lien is valid for 180 days from the date the lien was placed. In Ontario, liens are only valid for 90 days from the date of last on site working.
Commentary: a lien is a claim or charge on property for the payment or performance of some debt, obligation or duty. Rights of this kind may be created by express agreement between the parties.
The court also has the power to cancel a lien where it is satisfied that the lien does not relate to the land against which it is filed or the lien is an abuse of process.
You have three options to remove the lien from your property records: Negotiate with the contractor who placed the lien occasionally, this may involve you paying the contractor money that you feel they arent entitled to. Obtain a lien bond to discharge the lien. File a lawsuit to vacate the lien.
Once a lien is registered by CRA it will effectively act as a mortgage. Foreclosure proceedings will not necessarily start if you continue to leave the debt unpaid, but if you want to transfer or sell the property, CRA will need to get paid first.
Property owners can eliminate a lien through a process called bonding off. This involves purchasing a California Mechanics Lien Release surety bond for 125% of the amount of the mechanics lien. The bond will substitute for the real property to guarantee repayment of the debt, and the lien will be released.
Resolving Property Liens in Ontario Sending a demand letter through a lawyer. Hiring a mediator to work out a settlement. Requesting a legally binding decision from the Ontario Dispute Adjudication for Construction Contracts authority (ADACC). For disputes under $35,000, suing in Ontario Small Claims Court.

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