Legal Question in Construction Law in California

Re: removeal of mechanic lien

There's more to this question that meets the eye. Any document falsely recorded, intentionally done to embarrass somewhat, is an abuse of process. You should know the rights applicable to that. Higher attorney to initially write a letter to deal with this person to see if it can be settled by having the document "underrecorded" by recording another document showing it has no effect. More importantly, the mechanic's lien law is strictly one that is born out of codes. There is specific time limits and if you do not do something after your first filing in a timely manner that your first filing may not have effect. The same happened to the domino theory. Therefore the document that you are referring to may have no effect because something else wasn't done subsequently in a timely manner. It still needs to be taken off your credit report because you feel it is being used as an embarrassment. That may mean litigation by suing the person who did for damages, or just having done it alone. People must understand you don't use of the courts were the recording system as a tool for stupidity, embarrassment, pound a flash. That is not sensible or commonsense.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

Re: removeal of mechanic lien

It depends on the status of the lien on how one gets rid of it. If the lien hasn't been "foreclosed" on and is over 90 days old, then Mr. Berger's advice is sound. You can file a petition to get it off fairly quickly. It's true that you can get attorney's fees, but it's limited to $2000. I'm not familiar with too many attorneys that will do it on a contingency basis, though. If you can find one, then more power to you.

If the lien has been foreclosed on, then you'll either have to go through the litigation or post a bond to get the lien off. Call your insurance agent if you want to bond around the lien. They will often know of a surety that will issue a bond.

Re: removeal of mechanic lien

Assuming no complaint has been file to foreclose on the line, file a petition to remove the lien. Attorney's fees are even recoverable. As such, attorneys frequently take such cases on a contingency. You can do it yourself if you prefer. Check out sections 3144 and 3154 of the CA civil code.