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How do we foreclose on a mchanics lien?

CaliforniaConstruction ContractLien ForeclosureMechanics LienPayment Disputes
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Anonymous contractor
Mar 5, 2020

We had a contract with a property owner to build a 500 sq. foot home for the amount of $80,000.00. in California. Every time the next payment was due the owner said oh I don't have the money and would dictate how much he was going to pay so it has been a night mare. well before 1 week before the payment of $20,000.00 was due he wrote a letter firing us. There for breaking his contract with us. We asked for payment of $ 5832.00 mind you not the full $20,000.00 owed but the amount for extra spent on materials and time before next "draw" or payment was due. We sent Certified letters stating we were going to file a lien. After we filed the lien we notified the customer, he sent a letter and a check for half the amount because he said that's all he felt he owed. Once again this was a Contracted bid job with a payment of $20.000.00 due. How do we foreclose on this lien ? Thank You Dan Lentz 707/318/0607

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Anonymous contractor
Mar 5, 2020
If owner formally kicked you off (firing you) the project then you have 60 days to file the mech lien.  If you recorded your lien timely, then generally, you have 90 days in which to file a lawsuit to foreclose on the lien. when you file the mech lien suit, you can also bring a claim for breach of contract and other claims of damages.
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Anonymous contractor
Mar 5, 2020
I agree with other counsel that you have 60 days to file a mechanic's lien, and then 90 days from the lien recording date to file a lawsuit to foreclose the lien. You can also sue the owner for breach of contract for the lost profit on the work which the owner didn't let you finish, in addition to the value of the work you performed so far. You should discuss this with an experienced construction attorney in your area.
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