Aug 28, 2018

How to Remove a Wrongfully Recorded Lien?

How Can you Remove an Invalid Lien Recorded Against Your Home?

Occasionally, I am approached by clients who believe someone has recorded an invalid lien against their Property and want to know what they can do to remove it.

A.R.S. 33-420: Discusses the issues of remove groundless or fraudulent liens that have been filed.

A.R.S. 33-420(A): Provides a property owner at least $5000, or treble the actual damages caused by the recording of forged, groundless, misstated, or contains false claims. 

A.R.S. 33-420(C): Provides the property owner $1000, or treble actual damages, whichever is greater, and attorney fees and costs, if he willfully refuses to release or correct such document of record within 20-days from the date of a written request from the owner or beneficial title holder of the real property.

Removing the invalid lien can be someone complex depending upon the unique facts of your situation. So if you believe that a lien have been wrongfully recorded against one of your Arizona properties then contact real estate attorney Clint Dunaway at: 480-344-4035 or email cdunaway@davismiles.com.