Legal Question in Real Estate Law in California

I purchased a property in November last year, actually escrow closed on 11/12/2009 But in december, exact date is 12/5/2009 a contractor placed a mechanic lien on the property for the work which was authorized by the seller's real estate agent. I just received a mechanic lien notice in the mail from county recorder's office yesterday.

My question: How can I legally remove this lien, since I was not the requestor, or what steps should I take to protect myself and title of the house?


Asked on 1/16/10, 3:15 am

3 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

If the lien or related debt was not properly disclosed, I would start by writing an attorney letter to the agent to pay off the amount owed, and go from there.

Best,

Daniel Bakondi

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415 450 0424

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Answered on 1/21/10, 8:21 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The contractor's filing is probably proper. Most likely, the fault lies with the agent (and his or her broker) and ultimately, with the seller (assuming this was the seller's agent). You have a right to receive clean title, free from liens like this.

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Answered on 1/21/10, 9:09 am

There's an old saying in the title industry that title insurance is always less than meets the eye. This, however, might be one of those unusal cases where there is real coverage. I can't say for sure without reviewing your policy, but this would be a situation that is probably covered. I recommend that you send a demand letter to the seller's agent, the seller if you know where to send it, and the seller's agent's managing broker (it will be listed in the agent's record on the Cal. Dept. of Real Estate website), demanding the lien be cleared, and concurrently tender a claim to your title insurance carrier.

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Answered on 1/21/10, 10:38 am


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