I'm a contractor we have filed a lien due to the homeowners open balance. Since the balance has not been paid I was told we have to perfect the lien. How would I go about that?
In order to perfect the lien you must file a lawsuit to foreclose. You have 90 days from completion of the project to do so (absent the filing of a notice of completion). If you have time, I would recommend sending a demand letter threatening to move forward with the lawsuit before actually doing so. If you have further questions, email me at ryan@huntortmann.com to set up a free telephone consultation.
You must file a lawsuit to foreclose the lien within 90 days of the lien recording date or the lien will expire. Whether or not it would be cost effective for you to file a lawsuit depends on several factors, one of which is the amount you hope to collect. If the amount is very small you may not want to proceed. 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