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JEROME GERAGHTY

GLO specializes in Real Estate and Business Law, including Real Estate Transactions, Buying and Selling a Home, Real Estate Investment and Landlord Issues; Business Formation and Development; and Contractor Issues and Mechanics’ Liens

 

Title Issues Including Spurious Liens

Liens can impact a property owner's ability to secure loans or sell the property. The statute of limitations for a mechanic’s lien is six months after project completion, or one year after filing, whichever is later. Filing a false lien can lead to serious consequences, including liability for the property owner’s legal fees and a potential loss of lien rights.

In Colorado, property owners have a streamlined process to address spurious liens, which are unjustified liens filed against a property:

  1. File a Petition: The property owner can file a petition in court to remove the lien.

  2. Explain the Lien: The person or entity who filed the lien must appear in court to justify its validity.

  3. Dismiss the Lien: If the lien cannot be justified, the court will dismiss it and may order reimbursement for the owner’s attorney’s fees.

Notably, this spurious lien statute does not apply to mechanic's liens, which follow a separate process under the law.

GLO provides expert legal guidance to property owners facing spurious or mechanic’s liens, helping them navigate the legal process to remove unjustified liens and protect their property rights.

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