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This answer was rated:

Hiif a contractor does not take action on a mechanics lien,

Hiif a contractor does...

Hiif a contractor does not take action on a mechanics lien, would the Lien be voided

Lawyer's Assistant: Where is the property located?

West Los Angeles

Lawyer's Assistant: Has any paperwork been filed?

A lien was filled in Feb, 15 2006

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

Thanks that is all

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Answered in 40 minutes by:
10/18/2017
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,046
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Good afternoon. Yes, a lien does lapse within a period of time if a suit is not pursued. Under CA law, the contractor must file suit within 90 days of the recording of the lien. That is the only way for the contractor to enforce the contractor's lien rights. Subject only to some very limited exceptions, if the contractor goes past the 90 day time limit, the lien becomes unenforceable and the contractor is obligated to go through the steps to remove the now "stale" lien. If he refuses to do so, the contractor can be liable for up to $2000 in attorney fees for the owner to petition the Court to have the lien removed.

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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,046
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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