Legal Question in Real Estate Law in California

Re: mechanical lien

In addition to the time limit mentioned by Mr. Lynes, a contractor must file an action to foreclose a mechanic's lien within 90 days of the date of recordation or the mechanic's lien is null and void and of no force and effect. (Civ. Code section 3144 subd. (a).) (This would not prevent the contractor for suing on the contract, but he would have to sue your predecessor, because you are not in privity of contract with him.)

My computer says that date runs out on March 20, 2007. I tend to wait for this second date to run to prevent the "he said she said" from scammy contractors who lie about when they finished construction. It is easier for the court to take judicial notice of a date of recordation and the date of a lawsuit, or lack thereof.

As Mr. Lynes mentioned, there is a provision in California law to have a stale mechanic's lien declared to be void. It is provided for in Civil Code section 3154.

It is usually adviseable to do this, as you can recover some if not all of your attorney's fees and can get a copy of the order to record that will "clear" your title.

Very truly yours,

Re: mechanical lien

The outside time to records a mechanics lien is 90 days after completion of the work. If as you say the lien holder had not worked on the project after 9/20/06, you should be able to file a motion to expunge the lien. California statutory law provides for an expedited process for removing illegal mechanic's lien, including a right to recover your attorneys fees and costs.

I recommend that you, or counsel on your behalf, write a firm letter to lien holder advising them of your intent to file a civil petition to remove the lien.

Good luck.