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We have a lien on our property. How much do you charge to have it removed?

California

The contractor did some work. We fired him. He did $3,000 worth of work. We paid $1,400 to get it corrected. The lien on our property is for $13,000. He charged us $2,160 to write an invoice and he charged us for other services he never preformed.

2 replies

Oct 4, 2021

There is no easy way to get the lien removed before it expires. The lien will expire if the contractor fails to file a lawsuit to foreclose the lien within 90 days of recording the lien. If the lien expires, you can send a formal demand under California Civil Code Section 8482 et seq. that the contractor release the lien within 10 days. If the contractor fails to do so, you can file a petition to release the lien and be awarded the reasonable attorney's fees and costs required to do so. If the contractor does file a lawsuit to foreclose, then you will need to attack the lien on the merits in response to the lawsuit. You can do this through a Lambert Motion. 

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Oct 6, 2021
The best way to remove a lien from your property without a full lawsuit is to wait out the 90 day lien foreclosure period. Many contractors don’t know that their lien will expire within 90 days from the lien recording date unless they file a lawsuit to foreclose the lien. If no lawsuit is filed within the 90 days, the next step is to make a written demand on the contractor to release the lien because of their failure to foreclose it within the time required. I generally send the demand letter rather than the client, and include a Release of Lien form that I’ve prepared. (Many contractors know how to put a lien on but not how to take one off.) I let them know that if they don’t sign and notarize the document within 10 days, that the homeowner will authorize me to file a petition with the Court to get the lien off, and under California law, the contractor is liable to reimburse you for your attorney’s fees. I’m happy to discuss this with you if you have any questions.
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