Legal Question in Construction Law in California
mechanic's lien - time's up
The contractor filed--name removed--mechanic's lien on my house after having done--name removed--bad job and not honoring his warranty. He also filed at small claims, which I countersued, but the judgement is still pending. It has been over 90 days since the lien was filed. What can I do to remove it, so I can refinance the house?
Thanks much.
AS
Santa Clara
3 Answers from Attorneys
Re: mechanic's lien - time's up
You file a petition to release the lien (or hire an attorney to do it for you). See Civil Code 3154.
Re: mechanic's lien - time's up
See also Civil Code section 3144(b) - lien is automatically null and void unless action to foreclose brought in proper court. Small claims would not be the place to file to foreclose a lien, so I assume no suit to foreclose has been brought. Ask your proposed refinance lender whether this is sufficient; you may not have to use 3154.
Re: mechanic's lien - time's up
There is some debate about whether small claims court can be used to foreclose a mechanics lien. My research shows that it can be used for this although, admittedly, you will run into small claims judges who are confused when a mechanics lien comes before them. I have had quite a few clients who have successfully foreclosed on a mechanics lien in small claims court. This means that your lien may not be stale and the only way to get it off the property quickly is to post a mechanic's lien release bond.