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


Asked on 2/10/05, 1:45 pm

3 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

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.

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Answered on 2/10/05, 1:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 2/10/05, 2:12 pm
Gary Redenbacher Redenbacher & Brown, LLP

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.

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Answered on 2/10/05, 2:37 pm


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