Has anyone experienced a lien put on their home from a contractor whom the builder hired, 1 year after a signed statutory declaration is received from the builder (+signed by a notary public) that all of their accounts for labour have been paid in full and all builder's lien claims have been resolved?
In other words, we hired a builder to build our home many years ago where they were responsible to hire all contractors and we paid a lump sum conract fee to the builder. We don't deal directly with any of their trades, contractors or sub-contractors.
We recently found out, through a lien search from the bank when they converted our mortgage from variable to fixed since we had hit the trigger rate from negative equity that a lien was put on some 1.5 years after the build was completed and signed declaration received.
Is there a way to challenge/remove this lien from the title as the
validity period would've been expired since it has been 5 years since the lien was put on wihout our knowledge?
Thanks in advance for your feedback.