Attorney David Arena discusses how homeowners can dispute liens against their property.


The homeowner has the ability to bond over the lien claim. What that means is the homeowner can post a bond against the lien, which protects title to the property. Absent a bond, the homeowner would not be able to sell his or her property or refinance the property without paying the lien claim. If the lien claim is disputed, the homeowner bond over that lien claim and then be able to sell the property or refinance. The second thing a homeowner can do is serve what’s known as a section 34 notice. A Section 34 notice is basically a demand on the Lien claimant the contractor or subcontractor to file suit within 30 days. If the Lien claimant does not do so the lien becomes void, and that defeats the lien. The third thing an owner can do is Litigate the issue. And a lien claim Remains on title to a property, once this properly perfected for two years from the last day of work. So the homeowner can waited it out if they’re not selling or refinancing their property they can wait it out and see if the lien claimant actually files suit. Once again they could serve the section 34 notice and force the issue within 30 days and lien claimant may file suit in which case you’re litigating it. But in general I believe it’s important for the owner to get advice of an attorney.