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can I file a foreclosure after filing a lien?

CaliforniaForeclosure

I'm a contractor doing a construction for our customers. one of our customers is in the phase of divorcing and stop paying per the signed contract for remodeling Bathroom. All rough work, such as framing, mechanical, electrical and plumbing is completed and has been completed since August 2021.

2 replies

Mar 16, 2023

If your project was completed in August 2021, your lien rights have expired. I suggest that you file a lawsuit immediately to protect the statute of limitations.

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Mar 20, 2023
A lien claimant has 90 days from the lien recording date to file a lawsuit to foreclose the lien. Otherwise the lien will expire. However, the lien itself needs to have been filed within the time required. If you finished the job in August, 2021, it may be too late to record a lien now. A contractor generally has 90 days from completion of the entire project to file a lien. You should check to see when the project was finalled out by the building department. If that date is more than 90 days ago, it may be too late to file a lien. If you’re trying to foreclose a lien that you filed back in 2021, it’s too late but you may be able to file a new lien if the time hasn’t expired. I’m happy to answer any questions you have about this.
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