A mechanics lien was filed against a business address . The building has since been sold and now there is a new owner of the property. The mechanic's lien that was filed lists the prior owner of the property. No legal action was taken within the 90 days for the mechanics lien. Do I have a valid lien? Do I need to file a new lien?
Your lien has arguably expired because you failed to bring a lawsuit to foreclose within 90 days of recording.
But, there are two possible exceptions:
1. If the previous owner obtained a mechanic's lien release bond, you have 6 months from service of the release bond to file a claim.
2. You might also argue that the blanket statute of limitations extension in CA tied to Covid-19 extended your lien foreclosure deadlines.
You may also be able to record a new lien, but only if completion of the poject was less than 90 days ago.
If you require legal assistance email me to schedule a free consultation at ryan@huntortmann.com.