Lien 3

Under California law, a contractor must file a lawsuit to foreclose on a mechanic's lien within ninety (90) days after it was recorded. When a contractor does not timely file a foreclosure lawsuit, the lien becomes null and void.

In California, mechanic's liens must be recorded within the earlier of: (1) 90 days from when the entire project is completed or abandoned; or (2) 60 days from when a Notice of Completion or Notice of Abandonment / Cessation is filed. The filing fee to record your lien will be between $95 - $125.

When a small claims court judgment in California is not paid within 30 days, the plaintiff can file a lien on the debtor's real property.

Make sure the debt the lien represents is valid. Pay off the debt. Fill out a release-of-lien form. Have the lien holder sign the release-of-lien form in front of a notary. File the lien release form. Ask for a lien waiver, if appropriate. Keep a copy.

A 20-Day Preliminary Notice, also known simply as a Preliminary Notice, is filed with the Orange County Clerk-Recorder Department by a subcontractor or material supplier to inform a property owner, direct contractor, project lender or other interested party that they are working on a project and have a right to file a

Nonetheless, you can still file a California mechanics lien. If you needed to send a preliminary notice but didn't, and then file a mechanics lien anyway, the prime contractor, general contractor, or property owner may challenge the claim in court.

Invalid Liens An invalid lien can make it difficult or impossible to sell, refinance, or obtain a line of credit on your property. If the contractor, subcontractor, laborer, or material supplier fails to follow any of the specific time frames, you can petition the court to remove the lien.

Specific information needs to be included in your notice. California preliminary notices must contain, at a minimum, the following information and text: Name and address of the owner or reputed owner. Name and address of the director contractor. Name and address of the construction lender, if any.