Legal Question in Real Estate Law in California
calif mechanics lien
I was doing a refi on a house that i bought i did it on the internet the new loan was thought ace mortgage they made a lot of promises that they could not keep so i did not go on with them i paid the appraisal fee to ace mortgage $400.00 they had to use there people now i receive a mechanics lien from a1 appraisal for $780.00 they said that ace went bankrupt and i owe this to there appraiser the $380.00 is for filling fees this is the first letter i have got from them
1 Answer from Attorneys
Re: calif mechanics lien
An appraiser is not normally entitled to a mechanic's lien; not so much because he is an appraiser (as opposed to a bricklayer or plumber) but because the work they do is not usually done in connection with a qualifying project - a work of improvement on real property. Further, workers who are not in direct contract with the owner must often meet additional crieria such as giving a preliminary 20-day notice. You might want to check at the county recorders office to see whether the appraiser has actually recorded anything against the property, and if he has, see a lawyer who practices real estate or construction law in that county. I'm not saying there couldn't be or shouldn't be a mechanics lien under the circumstances you describe, but it seems unlikely.
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