Legal Question in Real Estate Law in California
Mechanic's Lein on Our Property
We had a contractor resurface our deck and stairway in October 2005. His work was sloppy and very unprofessional.We cancelled his check when we were able to step out on the deck the next morning and see his unsightly work. He has put a mechanics lein on our property. I called the recorders office to check if in fact he did, and they confirmed that he had been recorded. Most of the contractors now who have come out to give us estimates say they won't lay thier quality work over the mess and would cost us now more than double to remove the decking and to resurface it again. Te original cost was $5,400 and the estimates range from $12.000 to $18.000. My husband and I have already paid an attorney $750.00 to write a letter to our contractor to remove the lein, but still no answer. Time is up for the contractor to have removed the lein and he has not done so. I feel we have paid the attorney far more than other attorneys to do the same thing. Where do we go next? I understand Small Claims goes to 7,500 now. We have never taken anyone to court before so need information as to what to do. We have taken pictures and video of both the deck and stairway. Our contractor has ruined our stairway and will all have to be replaced now.
3 Answers from Attorneys
Re: Mechanic's Lein on Our Property
You paid too much for an attorney to write a demand letter.
At this point, if it has been more than 90 days since the recordation of the lien, and the contractor has not filed suit against you to foreclose the lien, then as a matter of law, the lien is void. However, that's not the rest of the story, because the lien is still a cloud on title. You must take affirmative steps to remove it, or when you sell or refinance the home, the title insurer will likely force you to bond around it and then deal with it. Thus, at some point, you have to sue the contractor to remove the lien.
It's a simple procedure; any real estate attorney can do it. The code also permits recovery of attorneys' fees against the contractor, up to $2,000. Of course, that's no guarantee that the contractor will pay, but rest assured, if the contractor is still in business and wants to stay in business, he will likely pay the judgment as soon as you report the unpaid judgment to the Contractors State License Board. (Yes, we have done this just a few times . . .)
Find yourself a competent real property litigator who has experience filing petitions to remove mechanics liens. The entire procedure, including hearing, should not cost more than $2,000. If you need help, you may call or email us. We are real property litigators with extensive experience suing contractors and dealing with title issues.
Good luck.
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Re: Mechanic's Lein on Our Property
Contact the state contractor's licensing board and file a complaint against the contractor. The contractor will be contacted and if the matter is not resolved arbitration will be offered. If the contractor did not have a license then there will be a criminal action filed against the contractor.
Re: Mechanic's Lein on Our Property
The other attorney who responded described the procedure thoroughly and correctly. I am a construction attorney in San Diego and I have actually filed this type of petition before on behalf of an owner. If you want to hire an attorney with experience in this matter, fee free to give me a call.
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