Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

There was a mechanics lien placed on my title, I believe it…

Customer Question
There was a mechanics...

There was a mechanics lien placed on my title, I believe it is required that the lean is "perfected" within 90 days or becomes void, is that correct?

Lawyer's Assistant: Where is the property located?

Marin county california

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Mechanics lean june 14

Submitted: 5 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
11/13/2017
Lawyer: Roy Hadavi,
 replied 5 months ago
Roy Hadavi
Category: Legal
Satisfied Customers: 1,213
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney with extensive experience with home improvement law. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: There are several requirements for a valid mechanic's lien.

  • Preliminary Notice: Check to see if a Preliminary Notice was given to you within the specific time frames. (Remember: direct contractors and laborers do not have to file preliminary notices.) A subcontractor or material supplier has 20 days after beginning work or delivering materials to serve you a Preliminary Notice. If the notice is late, the claimant loses lien rights for work done or materials delivered more than 20 days before the notice. The claim against your property is only valid for work done or supplies delivered 20 days before notice was given and anytime thereafter.
  • Lien Claim: Be sure the Notice of Mechanics Lien accompanies the lien claim. The claim should include the amount owed, the service or products provided, the employer, the property owner, the address or description of where work was done or products delivered, the claimant's address, and a Proof of Service Affadivit completed and signed by the person serving the Notice and the claim.
  • Timeliness: Check to see if the potential lien claimant filed the mechanics lien within the legal time frame. If the potential lien claimant fails to record the mechanics lien within the appropriate time frame, the lien isn't valid. The potential lien claimant must record the mechanics lien within 90 days of:
    • Completion of work;
    • When you began using the improvement; or
    • When you accepted the improvement.
  • Lien Foreclosure Action: Check with your local superior court to see if the subcontractor or material supplier filed a timely lien foreclosure action.
    • A lien foreclosure action is a lawsuit to foreclose the mechanics lien. The lien claimant must file a lien foreclosure action within 90 days of the date that he or she recorded the mechanics lien. Often a lien claimant with a valid claim will fail to follow through, making the lien invalid.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

Ask Your Own Legal Question
Customer reply replied 5 months ago
My question was if the lean is valid as it is past 90 days since filing. I see no record of any lean forclosure action on the county website.
Lawyer: Roy Hadavi,
 replied 5 months ago

Then it is not valid.

Here are the steps to remove an invalid lien.

  1. Send the lien claimant a written request by certified, registered, or express mail. Keep a copy of your letter and postage receipt as proof of your request. Include:
    • Deviations you've identified from the above checklist;
    • A request for the claimant to remove the lien; and
    • Remind the claimant that if the lien is not removed and you have to get an attorney to remove it, the court can award you the attorney fees deemed reasonable to release the lien. The mechanics lien law changed July 1, 2012, removing the former $2,000 cap.
  2. Send the request to the claimant's last known, verified address. Sometimes sending the letter is enough to persuade the lien claimant to release the lien.
  3. Keep all your documents and paperwork. You may need to demonstrate to a court that the lien claimant is unable or unwilling to execute a release of the lien or cannot, with reasonable diligence, be found.
  4. If the lien claimant doesn't remove the invalid lien, and the time has expired to record the mechanics lien and take action to foreclose, you may petition the court for a decree to release the property from the lien. This is a complicated process that may require the services of an attorney.
Ask Your Own Legal Question
Was this answer helpful?
Ask Roy Hadavi Your Own Question
Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Legal
Satisfied Customers: 1,213
1,213 Satisfied Customers
Experience: Attorney at Law Offices of Rosenstein & Associates

Roy Hadavi is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Auto title question: I'm buying a used car, the title is in
auto title question: I'm buying a used car, the title is in the seller's alias name, the seller's son is signing as POA, the POA is for the seller's legal name. Will DMV accept this POA?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,174 satisfied customers
We purchased a mobile home not as described and the title
We purchased a mobile home not as described and the title turned out to be retired now the person is telling us he got another title and wants us to accept it and skip the title transfer from the owne… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Question about a buying a foreclosure at auction in NYS and
Question about a buying a foreclosure at auction in NYS and a title issue related to this … read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
Have a question about liens and title insurance. North
have a question about liens and title insurance JA: What state is this in? It matters because laws vary by location. Customer: North Carolina JA: What steps have been taken so far? Customer: none just… read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
After you have lost an investment home to foreclosure are
After you have lost an investment home to foreclosure are you still personally liable for the debt - if it was a recourse loan in new jesey … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I wanted to speak with an Attorney about a foreclosure case
I wanted to speak with an Attorney about a foreclosure case I'm involved in currently … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
Is a parent allowed to transfer title of their home to a
Is a parent allowed to transfer title of their home to a child prior to admission to a nursing home? If so what is the time line requirements? Mom has provision that the home goes to me in her will. P… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
Is possible it to change the title of a house owned by a
Is possible it to change the title of a house owned by a deceased person without going through probate?There is still a mortgage owed on the house which is in New York and the deceased only had two su… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,614 satisfied customers
NJ. REGARDING A PURCHASE AND TITLE OF USED VEHICLE. I
NJ. REGARDING A PURCHASE AND TITLE OF USED VEHICLE.I purchased a used vehicle from a private seller in NJ. The vehicle has 83000 miles. When I went to DMV, I inadvertently checked the box on the Title… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
Are there any circumstances when a foreclosure sale has
Second opinion] Are there any circumstances when a foreclosure sale has taken place that the sale does not go through or can be reversed,rescinded or declared invalid? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Are there any circumstances when a foreclosure sale has
Are there any circumstances when a foreclosure sale has taken place that the sale does not go through or can be reversed,rescinded or declared invalid? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,614 satisfied customers
FORECLOSURE IN NJ: Mortgage company filed foreclosure
FORECLOSURE IN NJ: Mortgage company filed foreclosure complaint. Documents were never served and was unaware of the filing until I received Final Judgement, via USPS certified mail. I immediately file… read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
I am in a foreclosure situation. Today was the last day to
I am in a foreclosure situation. Today was the last day to redeem. The lender is asking for an order for conduct of sale. I am not sure what happens next. … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
302 satisfied customers
Lost title owener died how do I get and transfer title.
lost title owener died how do I get and transfer title … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
In a foreclosure in North Carolina, if there is an existing
In a foreclosure in North Carolina, if there is an existing lien, how is it considered: must it be settled first?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
During the divorce, a marital home was in a foreclosure.
During the divorce, a marital home was in a foreclosure. Soon after the divorce I found out I can actually handle the payments and keep the house, my ex however is refusing to sign a Quitclaim Deed so… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,037 satisfied customers
I am a renter and my landlord is in foreclosure and property
I am a renter and my landlord is in foreclosure and property is up for auction on 8 Feb what are my rights? … read more
Lori
Lori
Juris Doctor
1,062 satisfied customers
Quiet Title for back property tax foreclosure. If made a
Quiet Title for back property tax foreclosure. If made a error of the defendants name on the notice of intent but the name is ***** ***** the complaint. Can the judge dismiss the case because of the e… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x