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• Understanding Mechanic's Liens
• Filed Against You

What to do if a mechanic's lien has been filed against you.

This section has information on what to do once a mechanic's lien has already been filed against you.

Determine if it is a valid lien. It may not be valid if the work was not completed or supplies were not included in the plans or contracts. An attorney can help you find out if the lien is valid.

Often lien claims are invalid because the contractor, subcontractor or materials supplier has failed to meet the required timelines for filing the claim. Review the Lien Requirements Checklist below to determine if the claimant followed the required timelines.

Lien Requirements Checklist

Check to see if the Preliminary 20-Day Notice was given to you within the strict time frames. (Remember: Prime contractors and laborers do not have to file Preliminary 20-Day Notices)

A subcontractor or materials supplier has 20 days after beginning work or delivering materials to serve you a Preliminary 20-Day Lien Notice. If the notice is late, the claimant loses lien rights for work done or materials delivered more than 20 days before the notice. The claim against your property isn't valid if this time frame is not followed.

Check to see if the potential lien claimant filed the mechanic's lien within the legal time frame.

(If the potential lien claimant fails to record the mechanic's lien within the appropriate timeframe, the lien isn't valid.)

The potential lien clamant must record the mechanic's lien within 90 days of:

• Completion of work,
• When owner began using the improvement,* or
• When owner accepted the improvement.

*This point is sometimes hard to verify because the homeowner is often occupying the residence during construction. You might want to contact an attorney for assistance on this point.

Check with the Superior Court to see if the subcontractor or materials supplier filed a timely Lien Foreclosure Action.

A lien foreclosure action is a lawsuit to foreclose the mechanic's lien. The lien claimant must file a lien foreclosure action within 90 days of the date that he or she recorded the mechanic's lien. Often a lien claimant with a valid claim will fail to follow through, making the lien invalid.

Invalid Liens

A lien stays on the county records as a "cloud" on your property title until you take action to remove it. An invalid lien can make it difficult or impossible to refinance or sell your home.

If the contractor, subcontractor or materials supplier fails to follow any of the strict time frames, you can petition the Superior Court to remove the lien.

Be aware that, although anyone can record a mechanic's lien, unlicensed contractors cannot foreclose on a mechanic's lien if the work is valued at more than $500.

Steps in removing an invalid lien:

Send the lien claimant a written request by certified mail. Keep a copy of your letter and the certification as proof of your request. Include:

• Deviations you've identified from the above Lien Requirements Checklist.
• A request for the claimant to remove the lien.
• Remind the claimant that, if the lien is not removed and you have to get an attorney to remove it, the court can award you attorney fees of up to $2,000.

Send the request to the claimant's last known verified address. (Sometimes, sending the letter is enough to persuade the lien claimant to release the lien.)

Keep all your documents and paperwork. You may need to demonstrate to a court that the lien claimant is unable or unwilling to execute a release of the lien or cannot, with reasonable diligence, be found.

Court petition to release the property from the lien

If the lien claimant doesn't remove the invalid lien, and the time has expired to record the mechanic's lien and take action to foreclose, you may petition the court for a decree to release the property from the lien.

This is a complicated process that may require the services of an attorney.

For more information regarding Mechanic's liens, see: Civil Code sections 3110-3154.