A mechanic's lien that was filed last year expired. I sent the lien claimants a demand for removal or a lawsuit will be filed. They sent a mechanic lien release form that was not recorded. What do I do?
May 7, 2018
I'm sorry to hear about that. If the original demand for removal was not sent via an attorney, that might be an option - when a demand for removal is sent through an attorney, it tends to carry a little more "umph." Further, it might be worthwhile to mention potential negative outcomes when demanding that a lien be released - such as slander of title. Anyway, after the deadline to enforce has passed, an owner (or other interested party) can petition the court for the release of the lien claim under § 8480(a) of the California lien statute. The lien claimant must be given 10 days notice prior to filing such a petition. After the petition is filed, a hearing will take place to determine the validity of the lien. It may sound a little overwhelming, but the prevailing party in such a hearing is entitled to attorney fees from the losing party, and a successful petition to remove the lien will result in a removal of the claim from the record.