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I missed my deadline to enforce the lien. What can i do now. I still havent received any payment.

California

I missed my 3 month period to enforce lien. Will the lien still be active? Can they sell the property with my lien thats was not enforce?

2 replies

Jan 6, 2021

You've got a couple of potential options. If the project has not been completed yet (not just your work, but the entire project) you can record a new mechanics lien. If the project has been completed, and depending on whether you're a direct contractor, subcontractor or material supplier, and more than 90 days have elapsed since the project was completed, or more than 60 days (if you're a direct contractor) or 30 (if you're a subcontractor or material supplier) have elapsed since the owner recorded a notice of completion or cessation, then you would likely be limited to filing a complaint for breach of contract against the party you were in contract with. Either way, it is best if you record a release of your original mechanics lien, because if you don't, the owner can petition the court to have your original mechanics lien expunged and be awarded their reasonable attorneys' fees for doing so.

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Jan 6, 2021
You still have a breach of contract action among other possible court actions.
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