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How can I remove a mechanic's lien on my home in California that has expired?

I have sent the contractor a written request asking that he remove the lien, and he has not responded. The lien is over 6 months old, well over the 90 day limit. I would love to do the process myself but will hire someone if necessary.

2 replies

Mar 25, 2021

You may find this resource posted in a Levelset blog helpful: https://saclaw.org/wp-content/uploads/sbs-petition-for-release-of-mechanics-lien.pdf

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Mar 25, 2021

You may want to have an attorney write the contractor a strong letter demanding the release of their expired lien. I always prepare and include a Release of Lien form for them to sign along with my letter because many contractors don’t know how to take a lien off. Sometimes the legal letterhead scares people into releasing the lien without further action. The next is to file a Petition for Release of Property from Lien in Superior Court in the County where the property is located. It’s a fast process, and the law says the hearing on the petition must be held within 30 days from the filing date. Once the Court signs the judgment releasing the lien, you record the judgment and you then have clear title to your property back. The contractor is liable for your attorney’s fees in bringing the petition. I do a lot of these for clients. 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
F 650-588-7101

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