Legal Question in Real Estate Law in California

machanic's lien

I need to file a mechanic's lien on a property That the work was done and not paid for by the owner of the property but did authorize the work. Please help me find the form number I need to file it quick due to owner might place home on the market. Please tell me a form to file?


Asked on 4/12/07, 1:59 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: machanic's lien

You need a lot more than a phone number. You may have a lot of issues that may preclude your mechanic's lien, and subject you to a future action for slander of title.

First of all, you seem unfamiliar with mechanic's liens, which makes me think you do not have a license. In general, an unlicensed contractor cannot legitimately record and foreclose on a mechanic's lien in California. If you are a materialman who delivered material to a prime contractor, you would be allowed to assert a mechanic's lien.

If you have a license, you must give the requisite notice in Civil Code section 3097. There are also different time requirements, which must be watched or your lien will be invalid.

I suggest you speak at length with an attorney experienced with mechanic's liens, instead of doing it yourself.

Very truly yours,

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Answered on 4/12/07, 6:01 pm


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