I know I can file a mechanics lien with my county myself. After I file the lien and have it recorded, what is the next step?
3 replies
Jun 30, 2020
You have 90 days after the date of recording the lien to file suit to foreclose on the lien. If you would like some help, feel free to call or email. Thanks, Andrew
Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.
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Jun 30, 2020
Before you file your California mechanics lien claim, you need too send a copy of the claim along with the notice language found in §8416(a)(8) needs to be served on the property owner. This needs to be sent by registered, certified, or first-class mail. When the claim is deposited in mail by the proper form, the notice is considered served. After which, you need to file the mechanics lien and the affidavit of service in the county recorder's office where the property is located.
Once the claim has been filed, the lien will only be valid for 90 days after filing. A lawsuit to enforce the claim must be initiated within that time frame, or the claim will expire, and no longer be enforceable. One optional step to take before filing your lawsuit is to send a Notice of Intent to Foreclose. This is like a final warning shot to the property owner. It states that if you aren't paid within a certain amount of days, you will enforce your rights in court. Sending this notice is typically effective at inducing payment. If not, you may want to consult with a local CA construction attorney to guide you through the foreclosure process.
For a full breakdown of the process, see: How to File a California Mechanics Lien | A Step-by-Step Guide to Get You Paid
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Jun 30, 2020
You have 90 days from the recording date of your lien to perfect your lien by filing a lawsuit to foreclose the lien. Otherwise the lien expires and becomes invalid. I strongly advise you to hire an experienced construction attorney to help you with the lawsuit because they’re difficult.