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How was a lien obtained.

CaliforniaMechanics Lien

If a mechanic lien is filed and then removed after payment how can one obtain a copy of the lien and proof of service, method of service. I believe an unethical contractor lied in order to get a lien, I was never served a copy in person or by mail. My windows leak, my floors are coming apart he failed to give me a back porch and a host of other problems. I am eager to find out which part of the process he skipped and or lied about. There should be a record in the recorder's office or superior court which neither seem to have in there files. Desperate to know how can this be!!!! The courts/ mediation was more concerned about settling than what was right and just.

1 reply

Dec 10, 2019
California mechanics liens are obtained by filing the lien document with the county recorder's office for the county where the project property is located. Lien rights will arise even before the lien is filed - but the mechanics lien claim won't affect the property title until it's actually filed with the county. So, if there's no record of the lien claim with the county recorder's office, then a mechanics lien claim has very likely not been filed against the project property. What's more, as you mention above, a lien claimant must also provide the property owner with notice of the filed lien claim in order for that lien claim to be valid and enforceable. So, even if the lien claim was filed, that lien would not be enforceable if notice of the lien wasn't sent to the owner of the property. It might be helpful to contact your local county recorder's office to be sure that no lien was filed on your property (and, if you've already reached out to them, it couldn't heart to double check). The following page has the address and contact info for every county recorder's office in the state: Where do I file and record my California Mechanics Lien? Finally, these resources should be valuable: - A Mechanics Lien Was Filed on My Property – What Do I Do Now? - I Just Received a Notice of Intent to Lien – What Should I Do Now?
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