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Remove contractor lien

CaliforniaMechanics Lien

An unknown construction company is a front for a contractor that placed a lien on my house. We did not know of this because there wasnt a contract (per the contractor's request). Lien filed more thn 90 days after he was at the house, and we filed a complaint with California Contractor Licensing Board. They gave him a warning, and admonishment for improper dealings with us. We sent a ltter requesting lien removal ( filed in Feb 2020). No reply. What to do? THANK YOU

10 replies

Oct 12, 2020

If the contractor will not remove the lien, you should contact an attorney and discuss the procedure for doing so.

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Oct 12, 2020
You can hire an attorney to have this lien removed and the contractor will have to pay for the attorney’s fees.
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Oct 13, 2020

Good morning! Time for a petition to remove the lien under the Civil Code. Any experienced construction attorney should be able to assist.

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Oct 13, 2020
I’ve found that a strong demand letter from an attorney which encloses a Release of Lien form to the contractor works about 80% of the time. Many contractors know how to put a lien on but not how to take one off, and the sending them the form eliminates that problem. If they still don’t release the lien, there’s a Petition procedure your attorney can file with the Court to have the Court release the lien to give you back clear title to your property. The contractor can be liable for all of your reasonable attorney’s fees in having to bring the motion, which fact should also be mentioned in the letter. The letter is used as an exhibit in the Petition hearing to show you gave the contractor notice. I’m happy to help you with this. I’ve done many of them.
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Oct 13, 2020
Hi Cathleen, how much do you charge to remove an unjustified lien?
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Oct 13, 2020
I charge by the hour. I generally charge $425 (1 hr.) to prepare a demand letter and a Release of Lien to send to a contractor. Hopefully the contractor will sign the Release of Lien and you can record it so you won’t need to file a lawsuit. I generally give the contractor 10 days to respond. If they don’t, it generally costs around $1,500 to prepare and file the petition and attend the virtual Court hearing.
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Oct 14, 2020
how to contact you?
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Oct 14, 2020

cng@gibbsgiden.com

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Oct 14, 2020
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
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Oct 14, 2020
My firm works on retainers and billable hours. We require our clients to post a retainer in our trust account, generally ranging from $2,000 to $10,000 depending on the type of matter we are addressing. I bill at $375/hour. For this matter, we would likely need to receive at least a $3,500 retainer in order to move forward. Where is your home located at, so I can see if this is doable?
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