Legal Question in Real Estate Law in California
mechanics lein release
in 1992 we had a kitchen remodel, we paid the contracter in full, in 2006
we get notice that a mechanics lein has just been filed against our hone for $9000.00
the contractor will not return calls, how can I get the lein removed, I have all the documentation and canceled checks that it has been paid in full, I think the contracter may be trying to take us hostage to pay more we agreed upon, I am trying to re-finance our home and the lein shwed up on title saerch, please advise.
thank you
5 Answers from Attorneys
Re: mechanics lein release
Based upon your facts, it is possible that a Motion or Petition can be filed with the court to remove the lien. Please call me if you need assistance.
Re: mechanics lein release
If you need immediate relief, you can purchase a mechanic's lien release bond. If the lien is more than 90 days old, you can file a petition with the local court to have it removed. There are several other options to consider, but I would need to know more about your situation before giving further input. Please contact my office next week for a complimentary consultation.
Re: mechanics lein release
It is highly improper for the contractor to record a lien 14 years after the construction stopped. He would not be entitled to such a claim, and the lien would be wrongful.
You should immediately make demand upon him to remove it, as it is a cloud on title. You can petition the Superior Court for an order expunging the lien and recover up to $2,000 in attorneys' fees for doing so. You can also file a complaint against the contractor with the Contractors State Licensing Board.
All of these things take time, however; so if you need to close escrow soon, you will either (1) leave money in escrow to cover the face amount of the lien (pending your removal of the lien), or (2) purchase a bond from the title company (to cover the lien in the event that your efforts to remove it are unsuccessful).
Good luck. Let us know if you need further advice.
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Re: mechanics lein release
In addition to what the other lawyers have mentioned, the statute of limitations would completely bar any lawsuit to recover on a 14-year-old debt, even if it existed. This contractor sounds like a nut case, or is very desperate.
Re: mechanics lein release
Their filing is completely improper and they may be liable to you for your damages.
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