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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: 8 months ago.Category: Legal
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Answered in 6 minutes by:
11/13/2017
Lawyer: Roy Hadavi,
 replied 8 months ago
Roy Hadavi
Category: Legal
Satisfied Customers: 1,392
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.

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Customer reply replied 8 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 8 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.
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