Legal Question in Real Estate Law in California
Does a person that has a lien on a property in california have to renew that lien? If so....how often?
2 Answers from Attorneys
Depends upon the type of lien. Judgment liens have to be renewed every ten years. Liens of mortgages and deeds of trust can now also expire 10 years after the final maturity or after 60 years, in many cases, under the recently-enacted "marketable record title act" at Civil Code sections 882.020 et seq., and mechanic's liens have a 60-day life and are not renewable unless there has been a further extension of credit by the lienholder. This is only a brief explanation of a somewhat complex subject and an attorney's advice based on a detailed description of the lien type and circumstance should be obtained.
An action to foreclose a mechanic's lien must be filed within 90 days of recordation of the mechanic's lien. I'm not sure where the 60 days comes from that Mr. Whipple refers to.
It depends on the kind of lien that you refer to. Almost all recorded documents mentioned above, remain liens and clouds on title, despite passage of the statutory time.
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