I filed a mechanic's lien in California on December 16th and it was recorded on December 18th. But the property was sold on the 17th. What are my rights to the lien as of now?
As long as your lien was recorded within 90 days of project completion (or 30 days for subs/ 60 days for direct contractor of any notice of completion recorded) your lien is still good. Send a letter demanding payment and threatening to foreclose the lien to the new owners as well as your customer, and the sellers. If you are not paid, be sure to file a lawsuit to foreclose within 90 days of recording. If you have further questions email me at ryan@huntortmann.com to set up a free telephone consultation.
A mechanics' lien action is a claim against the propperty. As long as the lien was timely recorded, when you file suit to foreclose on the lien, you will name the current owner.
Your lien is still valid. In most cases the title insurance for the property will pay the claim if the seller hasn’t already made other arrangements in the sale documents. You still need to file a lawsuit to foreclose the lien within 90 days of the lien recording date. I’m happy to answer any questions you have about this.
Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
700 El Camino Real, Suite 200
Millbrae, CA 94030
T 650-871-5955
F 650-588-7101