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How to enforce a filed on time lien.

CaliforniaLien DeadlinesLien Foreclosure

Have a lien filed with country. How to I enforce.

2 replies

Nov 7, 2020

That's a great question, and one we get very frequently. Luckily Levelset has provided a few posts on what lien enforcement is and how to go about it. To enforce a mechanics lien the claimant (a party that filed the lien) must initiate enforcement or lien foreclosure action. To be clear, a lien foreclosure action is a lawsuit. Individuals are allowed to represent themselves but it is rarely ever a good idea to do so. A foreclosure lawsuit to enforce a mechanics lien is a complicated procedure. 

Considering lien enforcement is a lawsuit it will follow the procedures just like a lawsuit. You will need to contact a California construction attorney to proceed. Luckily some mechanics lien laws allow for the claimant to recover attorneys' fees and court costs if the suit is successful. 

Best of luck! 

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Nov 8, 2020

Once you have recorded a lien, you have 90 days from the date it was recorded to enforce the lien. You do so by filing a lawsuit to foreclose on the lien in superior court in the County in which the lien is recorded. As this can be an expensive step, it often makes sense first to send a demand letter threatening to foreclose on the lien (provided that you have time left to do so). While you can file the lawsuit to foreclose the lien on your own (in pro per), it is usually best to hire an attorney to do so. 

If you have further questions about the process, feel free to email me at ryan@huntortmann.com to set u a free telephone consultation. 

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