Legal Question in Real Estate Law in California

Re: Lien on property

Were/are you a co-owner? That 3097 stuff has to do with mechanics' liens, not investments of money. So, I think you're pursuing the wrong angle here. As a co-owner, you'd be filing a lien against yourself.

If you are a co-owner, either as tenant in common or joint tenant, you are entitled to file a special kind of lawsuit against the other co-owner seeking a court-ordered sale of the real property and a court-supervised division of the net proceeds. This is called a partition suit.

Usually, filing a partition suit brings about a mediation or negotiation process and both parties reach an out-of-court settlement. Often, one co-owner buys out the other; or, they agree to list and sell the property without court supervision.

You need to identify your role more clearly, so the attorneys attempting to assist you can better understand your role: contractor or owner.

By the way, mechanic's liens can be obtained by suppliers of labor and materials who aren't licensed contractors, but if someone is acting in the role of contractor and doesn't have a license, then that person is ineligible to file a mechanic's lien or to bring suit to be paid for work done in violation of the contractor licensing requirements.

You may contact me directly for further info.

Re: Lien on property

yours is not an unusualal story --- your mechanic's lien theory seems frivilous and costly but if there is a real promissory note or if you are a joint owner you have a very good chance to aid your own cause and a letter from an attorney may just start the ball rolling without litigation if she is reasanable --- i have been practicing real estate law in the bay area for over 30 years and you can contact me at 510-465-6000 if you wish

Re: Lien on property

You should sue to enforce the promissory note. We may be interested in taking the case on a contingency, depending on the paperwork and the person who owes the money.

Also, did you say that you wanted to collect payment for home improvement services that you rendered? If so, this may be difficult. Was there any agreement that you would be paid? Also, as far as a 20 day prelim. notice, when was the last time you provided any services.