Home>Levelset Community>Legal Help>I filed a mechanic's lien 2 months ago and customer still refuses to honor mech. lien. What does contractor have to do to enforce lien?
I filed a mechanic's lien 2 months ago and customer still refuses to honor mech. lien. What does contractor have to do to enforce lien?
I filed at San Bernardino County Clerk's Office ($117.00.
1 reply
Oct 31, 2018
This can be a frustrating situation. All mechanics liens, no matter the state in which the project occurred, expire and become unenforceable at some point if an enforcement action is not initiated. In California, it is required that a mechanics lien be enforced within 90 days from the date on which the lien was recorded. If this 90-day period passes without an action being commenced to enforce the lien, the lien expires.
The enforcement of a mechanics lien is a foreclosure lawsuit. Just like a mortgage holder may foreclose on and force the sale of a property, a mechanics lien holder can do the same. Since the potential result of a mechanics lien enforcement action is the forced sale of property, this is a full-blown real-deal lawsuit. While it is technically allowable for an individual lien claimant to represent him/herself in court, that is almost never a good idea. And, a business lien claimant is prohibited from representing itself in court and is required to enlist the assistance of an attorney. Enforcing a lien requires filing suit in court, and additionally, recording notice of the pendency of the action, in the county recorder's office for the county in which the property is located.