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How do I invalidate a mechanics lien?

CaliforniaMechanics Lien

I had a mitigation contractor do work for me in January 18th of this year. He said he would collect payment through insurance and never provided me with an invoice. Only July 20th he put a Mechanics Lien on my property. From my understanding, a mechanics lien needs to be enforced within 90 days. How do I go about invalidating the Lien? I checked the public record on the property and the lien appears to have gone through when it shouldn't have.

4 replies

Aug 17, 2021
Your correct the contractor only has 90 days to either release the lien or file the lawsuit to foreclose the lien. If the contractor doesn't do so within 90 days then the lien is defective, and you can pursue damages against the contractor to quiet title. Best thing to do would be to consult with a construction law attorney to discuss your options.
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Aug 17, 2021

Thank you for your reply! I want to make sure we're talking about the same thing and provide further context, if that's alright.

 

From my understanding of the Lien process, a "preliminary notice" must be given and a Mechanics Lien must be filed within 90 days of job completion. If you look at the two dates that I listed in this situation, it is far past the 90 days and the lien should be invalid, correct?

 

It is my understanding that your response refers to the 90-day the contractor has to take further legal action. If that is the case I think we are talking about two different 90-day limits but I appreciate the response nonetheless! Do you have any advice on how to invalidate the lien?

 

Thank you!

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Aug 17, 2021
If you have a direct contract with the contractor he does not need to serve you with a preliminary notice, but if it was as subcontractor then yes he does need to give you the 20-Day Preliminary Notice to preserve his lien rights. Your correct, the contractor only has 90 days to record a lien after the work has been completed. If he filed after the 90 days then the lien is defective. So if he completed the work on January 18, 2021, more than 90 passed before the lien was filed on July 20, 2021, and hence the lien should be deemed defective. You should have an attorney draft a strongly worded demand letter that he release the lien, and also have the attorney send a lien release that once signed can be filed with the County Recorders office.
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Aug 20, 2021
You can’t invalidate a lien without lawsuit. You can, however, wait out the 90 day period and then, if the contractor doesn’t file a lawsuit to foreclose the lien (and many don’t), you can demand he release the lien. If he refuses, you can file a petition with the court to get the lien removed from your property, and he’s liable for your attorney’s fees in doing so. I’m happy to answer any questions you have about this.
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