Menu
Home>Levelset Community>Legal Help>proceeding to foreclose

proceeding to foreclose

CaliforniaForeclosureLawsuit

I have filed a lien with the owners of a home that is currently for sale. I have sent them a NOI to foreclose. I am still within the 90 day period in California. What should I do now to ensure I get paid my money? Do I need to have a lawyer start proceedings?

3 replies

Apr 30, 2020
You must file an action for foreclose your lien within 90 days of recording. If you are an individual, it is possible to file your lawsuit in pro per (without an attorney). But generally this is not recommended. If you are an entity (i.e. a corporation) you must retain an attorney to file your lawsuit. I am an attorney and can prepare and file this foreclosure lawsuit for you. For a free consultation please give me a call at (805)377-6089 or send me an email at ryan@huntortmann.com.
0 people found this helpful
Helpful
May 1, 2020
Ordinarily, it is true that you have 90 days from recording your lien. Because of the coronavirus, under California Rules of Court, Emergency Rule 9, "the statutes of limitation for civil causes of action are tolled from April 6, 2020, until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted." In other words, you have some additional time to file suit. If you would like to discuss, feel free to give me a call or email. Thanks, Andrew Carlton, Esq. Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.
0 people found this helpful
Helpful
May 1, 2020
The next step is to file a lawsuit to foreclose your lien within 90 days of the recording date of your lien. I advise you to hire an experienced construction attorney to prepare and file your lawsuit for you. It would be very difficult to do it yourself, but not impossible. Because of the very short statute of limitations to foreclose the lien, it might be too late for you to fix matters if your lawsuit was thrown out for any reason. An attorney can help review your documents to make sure your Preliminary Notice and Lien were done correctly, and whether the amount you are owed would be worth pursuing, since lawsuits can be expensive. I’m happy to discuss this further with you and answer any questions you may have.
0 people found this helpful
Helpful