Legal Question in Construction Law in California

Re: Can I forclose on property that I have already liened?

Now the question is on what Asyst did you lean the property. Did you get a judgment lien by filing suit against her or did you do a mechanic's lien??? Oh yes what part of you need an attorney don't you understand. It's like magic you just lean something and you get paid automatically. I hate to tell you but if you use a mechanic's lien and you're not a licensed contract you could have a claim against you. If you just put a lien upon the property without obtaining a valid Superior Court judgment, same answer. You needed an attorney back then and you need any good attorney expert in real estate/litigation right now. Actually the last three years.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: Can I forclose on property that I have already liened?

Your lien became void (of no force or effect) 90 days after you filed it if you failed to file a complaint to foreclose on it within that time. You probably still have a cause of action against the former owner for breach of contract.

If the property was transferred within the first 90 days after you recorded your lien, that transfer may have violated your rights and additional causes of action might exist.

I've done work with mechanic's liens but would not consider myself an expert. I defer to other attorneys who may provide you with more detailed advice.