How can I correct an error in a recorded lien?

Full question:

How to correct a recorded lien that contains an error?

Category: Civil Actions
Subcategory: Liens
Date: 04/07/2025
State: Washington

Answer:

Correcting an error in a recorded lien depends on various factors, including the type of lien and when it was filed. If the time to file a lien has not expired, you may be able to refile it. We recommend contacting the local recorder's office where the lien was filed to ask about the process for amending it, as procedures and fees can differ by location.

For a mechanics lien, a judge may allow the lien to be amended during foreclosure proceedings. According to Washington statute RCW 60.04.091, if an action to foreclose the lien has started, the notice of claim can be amended by court order, provided it does not adversely affect the interests of third parties.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I dispute a lien?

To dispute a lien, you should gather evidence supporting your claim that the lien is invalid or incorrect. This may include documents showing payment or lack of service. Next, you can file a notice of dispute with the local recorder's office or the court where the lien was filed. It's also advisable to contact the lien claimant to resolve the issue directly. If necessary, you may need to seek legal counsel to assist with the dispute process.

Which of the following is critical for a lien to be valid?

For a lien to be valid, it generally must include essential elements such as a legal description of the property, the amount owed, and the claimant's information. Additionally, the lien must be filed within the statutory time limits and in compliance with local laws. Each state may have specific requirements, so it's important to check the relevant statutes for your jurisdiction.

Can you amend a lien?

Yes, you can amend a lien under certain circumstances. If the lien has not expired, you may be able to refile it with the correct information. In some cases, such as mechanics liens, a court may allow amendments during foreclosure proceedings if it does not adversely affect third parties (see RCW 60.04.091 for Washington). Always check local laws for specific procedures.

How do I fix a lien?

To fix a lien, identify the specific error in the recorded document. If the lien is still valid, you may be able to amend it by filing a corrected document with the local recorder's office. If the lien has already been challenged or is part of a foreclosure process, you might need to seek a court order to amend it. Consulting with a legal professional can help ensure the process is done correctly.

Which of the following is a lien that does not need to be recorded?

Certain types of liens, such as possessory liens, do not require recording to be valid. For example, a mechanic's lien may not need to be recorded if the property is in the possession of the lien claimant. However, the requirements can vary by state and type of lien, so it's essential to consult local laws to understand specific recording requirements.