Legal Question in Real Estate Law in California

mechanics lien

I put a mechanics lien on a residential property in California 09/17/2001 in the name of Iama Corporation which I had from Nevada. I checked the San Bernardino records and that lien is now in the name of Nations Develop under document 2001-0420368. My question is how does another company change the lien to their name? This property is at 2411 San Antonio Cres W in Upland California and is now for sale. The owner of the property is Nations Devel Corp and put a lien on their own property, changing my lien to their name and also liening the property with another lien that says tenant prop lien. This is a single family home. Can the owner lien their own property? Can my lien be changed to their name without notification to me? Thank you for any assistance.


Asked on 5/16/03, 11:40 pm

1 Answer from Attorneys
Martin Snitow

Re: mechanics lien

You recorded the lien a year and a half ago? After you file a mechanics lien, you have to file suit promptly to foreclose the lien. If you do not meet the deadline, your lien ends. If you do sue, you must record a notice of pending action (lis pendens, if you like Latin) which will maintain your lien until the lawsuit is over and you have a judgment. Then you record an abstract of judgment to make the judgment a lien on the property. Skip a step and your lien disappears.

I should also mention that usually a 20-day preliminary lien notice must be given to the owner before you can record a mechanics lien at all. If you are a contractor, you should have learned about this when you studied for your license. If you are not a licensed contractor, you will be able to record a mechanics lien only in limited circumstances.

This is just a general outline of lien law. For the details, contact an attorney or read one of the contractor license exam preparation books.

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Answered on 5/17/03, 3:56 pm


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