If I filed an amendment on a lien in California due to an increased dollar value, is the lien enforcement date calculated from the original recorded lien date or the amended recorded lien date?
1 reply
Apr 30, 2020
If the original mechanics lien was simply amended, then the deadline to enforce the lien should be based on when the mechanics lien was originally filed. Generally, a lien amendment shouldn't be considered a new mechanics lien - and if that's the case, then the deadline shouldn't be reset due to altering the original lien.
Regardless - it'd be wise to calculate your mechanics lien enforcement deadline as conservatively as possible. Mechanics lien deadlines can be unforgiving, so erring on the side of caution would be wise. If you and your customer or the owner have been able to work together, keep in mind that having them sign a Notice of Credit can extend the enforcement timeframe so that you all can resolve the dispute without a lien enforcement action having to be filed.
As a final note, these resources might be valuable:
- The 4 Steps to Take After Filing a Mechanics Lien- Construction Payment: What Is a Notice of Intent to Foreclose?