Legal Question in Real Estate Law in California

mechanics lien

I have a client who owes for 4 months

service and a special one time service.

How do I file a mechanics lien as it

appears he is either foreclosing or short

selling his home.


Asked on 11/10/08, 7:13 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: mechanics lien

Four month's service and a special one-time service of what? Are you a licensed CA contractor? Did you provide the client with the proper preliminary notices? If not, you have no ability to place a mechanic's lien on the client's property. If he loses it in foreclosure, then your lien is extinguished anyway, and with a short sale, it will probably be contingent upon your releasing your lien. You are better off filing suit immediately and then recording an abstract of judgment in the county in which he owns this home as fast as humanly possible. That way, if he does sell it or not, you will have a lien against all of his non-exempt property located in that County.

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Answered on 11/10/08, 7:21 pm


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