Legal Question in Construction Law in California
Lien recording process
The Los Angeles Recorders Office accepted and recorded a mechanic's lien against my property.
The document is supposed to be notarised but wasn't notarised.
When I discovered this I wrote to them and to my surprise they have written back to me claiming that it has been recorded properly.
I wrote to them again pointing out that it wasn't notarised, yet they write back and stand by their original answer.
How do I deal with this when they are clearly wrong here? It's like they're claiming white is black and refusing to admit they're wrong.
Is there some way I can make a claim against them for what this lien has cost me?
2 Answers from Attorneys
Re: Lien recording process
The answer is simple: you are wrong. Contrary to your belief, mechanic's liens are not required to be notarized. If order to resolve the issue and obtain a release of the lien, litigation between you and the lien claimant may be necessary.
Re: Lien recording process
California Civil Code 3084 (b) states that the lien may be recorded without being notarized!! Thus you have no complaint with the Recorders office. The next (amd most critical) question is how old is the lien? If more than 90 days have elapsed since the date of recording and no lawsuit has been filed to perfect the lien, the lien is now stale and is subject to cancellation per Civil code 3154. Good Luck
E. Leonard Fruchter
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