Some Information About Mechanics Liens

Is there a mechanics lien recorded on your property? You should consult an attorney about potential consequences of the lien and what to do if the claimant files suit to foreclose on it.

In California, if a mechanics lien is filed against your property, you should diligently examine the lien for validity. Sometimes, the lien may be invalid if the contractor's work is incomplete or if specific timing requirements are not met. An attorney may help you assess whether the lien is valid.

For example, if the lien claimant is not a prime contractor or laborer, they must file a Preliminary 20-day notice. As such, a subcontractor or materials supplier has 20 days (after beginning work or delivering materials) to serve you a Preliminary 20 day lien notice. The claim against your property may not be valid if the time frame is not followed.

The claimant must also record the mechanics lien within 90 days of either completion of the work, the date when the owner began using the improvement, or when the owner accepted the improvement. 

Finally, the claimant must file a timely foreclosure action to foreclose on the mechanics lien in order to maintain the validity of the lien. This action must be filed within 90 days of recording of the mechanics lien. If this time frame is not followed, the lien may be rendered invalid.

A lien stays on the county records as a 'cloud' on your property title. You must take action to remove it if you intend to sell or refinance your property. You should petition the court for a decree to remove the lien if the claimant does not remove the lien and the time has expired to record it or take action to foreclose. There are numerous steps to remove the lien and you are best advised to hire an attorney to deal with this matter. If you are forced to hire an attorney to remove the lien, the court may award you attorneys fees of up to $2,000. For more information, see Civil Code Sections 3110-3154.