Home>Levelset Community>Legal Help>We filed a mechanics lien and the client still won't pay. We believe the next step is to file a notice of foreclosure. I can't find information on obtaining a form or how to get this done. What do we do now?

We filed a mechanics lien and the client still won't pay. We believe the next step is to file a notice of foreclosure. I can't find information on obtaining a form or how to get this done. What do we do now?

CaliforniaLawsuit Lien Foreclosure

We are a construction company and we build swimming pools. We installed a slide that the homeowner chose. He was not happy with it, said it was too fast and dangerous. We consulted with the supplier of the slide and made adjustments by shortening the length of the slide at the top so it would not be so fast. The homeowner refuses to test it because now the weather is too cold. He will not pay the final balance due on the job. We filed a mechanics lien and now would like to move to the next step but can not find out how to file the lien of intent to foreclose.

1 reply

Jan 31, 2018

A notice of intent to foreclose can be effective in prompting payment from otherwise noncompliant property owners (nobody wants to go through a lawsuit or risk foreclosure of their property). Sending a notice is entirely voluntary, however, and is not a required step prior to initiating an action to enforce your lien - it's merely another warning shot that you mean business, and one that provides an opportunity to resolve the dispute prior to both parties getting involved in a lawsuit.

Since it is not a required step in the mechanics lien process, any letter or other notice document that informs the property owner that you intend to initiate a lien enforcement / foreclosure action is sufficient to get your point across. If you wish to send such a notice through zlien, a notice of intent to foreclose document can be found in the "Something Else" section of the document navigator.

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