Legal Question in Real Estate Law in California
What do we do if a mechanic's lien was filed against us and it was filed way past 90 days? Work was done in 2007 and they filed the lien in 2012 and also did not follow with a lien foreclosure action. If the lien is invalid, do we need to do anything such as petitioning the court to 'release' the lien since it was not filed within the 90 days of completion of the job?
2 Answers from Attorneys
There are a variety of things you should do. The best thing I can advise you is to speak to a competent real estate attorney who has handled something like this.
For example, the lien is null and void if no lawsuit was filed to foreclose within 90 days of the recordation of the mechanic's lien. There are other issues that you have presented as well. An attorney should at least give you a consultation, and set forth your rights and remedies.
I have handled dozens of these while in-house counsel to the parent company of Fidelity Natl. Title and Chicago Title. You start by sending a demand that they record a release of the lien. Then if they fail or refuse to do so, there is an expedited procedure for getting the lien released and the law provides that the holder of the void lien pays your attorneys fees. So go ahead and send the demand and if they don't clear the lien, give me or any other experienced real estate and title attorney a call.
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