Legal Question in Real Estate Law in California
lien
In January, 1997, we had a sectional garage door put on my fathers house. When we inspected it, it was hooked up wrong to the garage door opener and had caused a crease in the door along with scraping the paint off. We had initally given them a check, but when we found that the garage door was incorrectly installed, we put a stop payment on the check. The garage door company would not replace the door, only repair it. After a couple of months of arguing with them, he threatened us with a "Mechanic lien". We finally gave them another check in November, 1997, after stating in writing that it was paid under protest. Since then we have been trying to get the company to release the lien, but he will not respond to calls or certified letters. We do not know how to proceed further. Any help you could give us would be appreciated.
2 Answers from Attorneys
Re: lien
Mechanics' liens normally 'expire' after 90 days unless an action to enforce the lien is begun in court. See California Civil Code section 3144 at your county law library. Specifically, 3144(b) says 'If the claimant fails to commence an action to foreclose the lien within the time limitation provided in this section, the lien automatically shall be null and void and of no further force and effect.'
Re: lien
Let me add my voice to that of Mr. Whipple, who is
absolutely correct. Unless the lien claimant has
filed suit to foreclose the lien within 90 days
of recordation, the lien is void.
Unfortunately, the lien is still "of record",
meaning that a title search will pick it up if you
want to sell or refinance.
But, Cal Civ Code 3154 provides a remedy for such a
situations. You can file a petition to have your
property released from the lien. I'd
recommend writing a letter to the lien claimant,
demanding a signed, notarized lien release,
citing the section above. Tell the claimant that,
by code, refusal to release the lien without
justification, may entitle you to an award of
attorneys fees for bringing the petition, up
to $1,000.00.
If the claimant refuses, contact an attorney who
specializes in contruction or real property law.
There are some procedural hurdles such as timing
service the petition vis a vis the hearing date,
so I think you'll likely welcome the assistance
of counsel.
Best of luck on this; please let me know if you
need further info.
Tom Newton
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
