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Once payment has been received, a contractor has a duty to remove any lien that was filed against the property. Failure to do so allows the property owner to file a lawsuit against the contractor to compel the lien's removal. It should be noted that a lien release is not the same as a lien waiver.
Here are a few ways to remove the lien: Invalidate the lien. If the lien is invalid or was obtained in a manner that doesn't follow the procedural requirements under the law, an attorney may be able to strip the lien from the property. ... Satisfy the debt. ... Negotiate a lower payoff. ... File for bankruptcy.
Pay the full amount due Once you have paid, the FTB will record a certificate of release in the office of the county recorder where the lien was recorded and will also file the release with the California Secretary of State within 40 days.
Protect Yourself With a Release of Lien (Lien Waiver) Fortunately, it's a simple process. A Lien Waiver is similar to a receipt. It basically states that you've paid the subcontractor what is owed, they accept the payment in full, and they waive the right to put a lien on your property.
The direct contractor is required to get release signatures for you from the potential lien claimants. After you pay, the contractor should provide you with an unconditional release signed by each of the claimants paid for the portion of the work being released.
Pay Off the Lien ? Once you determine that the lien is valid, the simplest method for removing it is to pay it off. Even if you need to borrow the funds from family or friends, satisfying your debt will allow the property to become unencumbered, sold, and closed.
A lien expires 10 years from the date of recording or filing, unless we extend it. If we extend the lien, we will send a new Notice of State Tax Lien and record or file it with the county recorder or California Secretary of State.