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Can we amend a mechanics lien amount outside of the standard 90 day window?

For example, we received partial payment and would like to record an amendment to the mechanics lien to reduce the amount of the lien. It has been over 90 days since the last materials/labor had been furnished. Can we amend the lien amount and still enforce the lien? Or if it has been over 90 days will we lose our lien rights?

1 reply

Nov 13, 2019

California's mechanics lien statute doesn't specifically allow for the ability to amend a filed mechanics lien. Still, if the deadline to file a mechanics lien has not yet passed, a claimant may be able to amend their lien claim with a new filing - though, an attempt at amending a mechanics lien may ultimately be treated as a new, secondary lien filing by the county recorder's office. But, in a situation where the deadline to file a mechanics lien has already passed, an attempt to amend a filed lien would likely be unsuccessful. Though, I'm unsure whether an untimely attempt to amend a lien claim would render a previously filed lien invalid or unenforceable. Note, though, that if enforcing a filed lien does become necessary, and if partial payment has been made on that lien claim, the lien claimant will generally be able to make note of that in their enforcement action and can enforce their payment claim for an amount less than the original lien. I think these two resources should be valuable to you: - I Received Partial Payment — What Should I Do With My Mechanics Lien? - Mechanics Liens: Can a Lien be Amended?

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