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Home>Levelset Community>Legal Help>If there is a recorded mechanic's lien on a property, can a third party record a "request for notice" with respect to that lien and expect to receive notice when the claimant commences a foreclosure on that mechanic's lien?

If there is a recorded mechanic's lien on a property, can a third party record a "request for notice" with respect to that lien and expect to receive notice when the claimant commences a foreclosure on that mechanic's lien?

CaliforniaLien Foreclosure

I am interested in buying a property. There is a mechanic's lien recorded on the property. I want to know if I can record a request for notice and be assured I will receive notice if the mechanic's line is foreclosed

1 reply

Aug 1, 2019
That's an interesting question. I'm not aware of any ability of a third party to request notice regarding whether or not a lien enforcement suit has been filed. At least - I'm not aware of a third party being able to request that an owner or the lien claimant provide notice.

However, it's worth noting that if a third party keeps their eye on the property record, they'll be able to know whether a lien enforcement suit is ever filed for a given lien claim. Under § 8461 of the California Civil Code, a lien claimant who enforces their lien must also file what's called a "notice of the pendency of action" with the county recorder. The sole purpose of this filing is to put third parties on notice of potential threats to the property title - like a lien enforcement suit. And, if the lien enforcement deadline passes and no lien enforcement suit is filed, a potential buyer would at least know that any suit brought after that deadline would likely be tossed aside as untimely filed.
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