I'm a general contractor who filed a lien on a property for non payment of work performed, I was subsequently contacted by an Attorney who claimed he could perfect my lien for a fee, he proceeded to blow three different opportunities for a judgement in my favor, in order to stretch out the proceedings to bill for more hours he finally sent me a super high bill and tried to sue me for payment, the judge dismissed my case and I just moved on. Now the owner of the project has an Attorney that wants me to release my "voided" lien, or he'll have a judge order it and charge me the 2500 he plans on charging his client, Do I have to release a 4 year ago lien that the judge "dismissed" and is "void" ?
I'm sorry to hear about your situation. However, to get to the crux of the matter; the short answer is yes. Although a lien claim may be expired/void, the claim remains on public record and will still appear in a title search .
You'll need to fill out and file a lien release form in the county recorder's office where the claim was filed. If the claim isn't released after the owner demands the release, they can file a petition for the removal. If successful, the court will order the release, and the lien claimant can be held liable for reasonable attorney's fees under Cal. Civ. Code §8488(c).
You can download a free California Lien Release form template here.