How to expunge a mechanic lien after 90 days?The contractor has no license, no contract, file an illegal lien on my house.

10 months ago

The contractor remodeled my house in Pasadena, CA. No contract, only verbal. The contractor has no contractor license. The contractor files a mechanic lien on my house illegally because we both have no contract. 3 month passed, the contractor did not file a lawsuit for the lien. I request lien remove/release but the contractor did not want to release the lien to me.
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QUESTIONS:
1) How to expunge the lien after 90 days?
2) Should I report the contractor to the contractor board since he has no contractor license?
3) Which website to write bad reviews to prevent the contractor from scamming more people.
4) The contractor wrote a note and signed on my notebook “all paid in full” on my last payment to him. One week later, he files the mechanic lien. The contractor files the lien illegally since we have no contract, no basis to file the lien. May I sue him for illegal filing the mechanic lien?

Managing Partner Gibbs Giden LLP
36 reviews

Good morning,

I am sorry you are dealing with this. There is a statutory procedure to have the lien removed under the Civil Code. You will probably want a construction attorney to prepare this for you and, theoretically, you may be able to recover attorney’s fees if you prevail. You will have to make the determination on whether you take the actions in your second and third questions, but as to your fourth question, you may not be able to “sue” your contractor for illegally filing the lien, but you can file your petition to have the lien removed and you could sue your contractor for disgorgement under Business and Professions Code section 7031 to recover all the monies you have paid the contractor if the contractor is truly unlicensed under California law. You should consult with a construction attorney for specific guidance.

Chris

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