How to Prevent Someone From Placing a Mechanics Lien on Your Home

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    • 1). Read the notice of mechanics' lien carefully. You, as the homeowner, will generally be served a copy of the lien notice immediately after its filing. It will identify the party placing the lien and will include detailed information about the debt from which the lien arises. In many cases, copies of the original invoices are to be included. If the debt described is valid, you can prevent placement of the mechanics' lien on your home by immediately paying the debt as instructed in the lien notice. If you believe the debt to be invalid, deposit a security as local law provides.

    • 2). Collect cash or obtain a surety bond in an amount sufficient to prevent placement of the mechanics' lien on the home. In most cases, the required amount and appropriate procedures will be described in your lien notice. However, if such details are not described clearly, visit the office that issued the notice to you. This is usually the office of the court or city clerk, or the county recorder. Carefully make note of the requirements, including the authority that will accept deposit of your security.

    • 3). Deposit the required cash or surety bond with the appropriate authority. The lien on your home will be avoided, while an equivalent lien will be placed on the deposited security. Should you successfully challenge the lien's underlying debt, the security will be returned to you. Should the underlying debt be upheld, the security will be released to the lien-holding party.

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