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After a lien.still get nothing paid. What next to do

CaliforniaLien DeadlinesLien Foreclosure

20days preliminary notice field , lien recorded, but still did not get any answer from the project. As I know I am not the only one lien holder . When ask money from project ,the answer is owner is in economy crisis, what should I do. Is there deadline after lien recorded? What is it? Thanks

15 replies

Nov 20, 2020

Yes, once filed, a California mechanics lien will only be valid for 90 days. If a foreclosure action isn't initiated in court before that deadline passes, the claim will expire and no longer be enforceable. This is a full lawsuit, so you should contact a local attorney to guide you through this process. We have a few California-based attorneys in the Levelset Community that may be able to help you. 

Also, before filing suit, there is one more optional step you can take to try and induce payment. You can send a Notice of Intent to Foreclose. This is essentially one final warning letter that if you aren't paid, you're ready to enforce your rights in court. 

Here are some additional resources that may help:

2 people found this helpful
Helpful
Nov 21, 2020

You have 90 days from recording the lien to file a lawsuit to foreclose on it. You can also sue the party to your contract for breach of contract. The contract case has a longer time to sue than to foreclose on the lien.

2 people found this helpful
Helpful
Nov 23, 2020
There’s a 90 day deadline to enforce a mechanic’s lien. A contractor must perfect his lien by filing a lawsuit to foreclose the lien within 90 days of the lien recording date or the lien will expire. If the lien period has not yet expired, you can file a second lien which will start the 90 day lien enforcement period running again. You can also have the owner sign a Lien Extension Agreement which will extend the time to foreclose a lien for up to 1 year once you record it. I’m happy to answer any questions you have about this.

Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
700 El Camino Real, Suite 200
Millbrae, CA 94030
T 650-871-5955
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