Legal Question in Construction Law in California
Mechanic's Lien
10 months a go we purchase a new community home, and we decide to refinances our mortage, but find out that our home has a mechanic lien on it, what can we do to get this lein off, because it's holding up the loan officers progress.
Thank you, New home owner
1 Answer from Attorneys
Re: Mechanic's Lien
Although the builder should take care of care of this, there is no guarantee that they will comply. If you contact the lien claimant and they won't voluntarily release the lien or reach a settlement, then you have a couple of options. First, you can obtain a mechanic's lien release bond. The problem with that is that you might need to put up cash collateral.
If mechanic's lien is more than 90 days old and the lien claimant did not file a lawsuit to foreclose the lien, the lien is null and void under Civil Code Section 3144. You can file a petition with the court force removal fo the lien and get reimburse of your attorney fees of up to $2000. The problem with this is that it takes about 30 days to get a court hearing.
I've handled a case like this recently, so feel free to contact my office for a consultation.
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