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Can I file a mechanics lien if the property is in escrow?

CaliforniaMechanics Lien

I am in california and I am the contractor. I did not file a prelim, I am owed $7860 and I just found that the property is in escrow.

1 reply

Jul 27, 2018
That's a great question. First, it's worth mentioning that when a contractor has been hired by the property owner, the contractor is only required to give notice to the construction lender or reputed construction lender if one is present. Otherwise, a prime contractor is not required to give notice prior to filing a mechanics lien in California. Anyway, a mechanics lien attaches to the underlying property rather than the owner of the property or any individual. Thus, lien rights run with the property - even with of a change in ownership. Though, in California, it becomes more important to follow the applicable notice requirements when a property has been sold. Regardless, while a property is in escrow, the ownership has not yet changed hands, so the concerns over property ownership that might exist should be moot.

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