Legal Question in Real Estate Law in California
Title Company missed my mechanics lien
I am a licensed contractor (flooring installer). I did work in a home and the homeowner refused to pay for it ($2,250.00). Subsequently I found out that the homeowner had sold the home and it was in escrow. I placed a Mechanics Lien on the property on December 2nd and the escrow closed on December 15th. The title company somehow missed the lien and didn't pay me. Now the title company is trying to get the home seller to pay them the $2,250.00 so they can pay me. I say that the title company is liable to me for the money and I should be paid immediately, as I should have been paid on December 15th. Is there a chance that the title company does not have to pay me? If they do have to pay me, how long do I have to wait for payment?
3 Answers from Attorneys
Re: Title Company missed my mechanics lien
Do you actually think that you filed a lien in than just wait for the payment. First of all the lien has to be filed a very timely manner. These are all set forth in the statutes and this is a statutory set of rights given to contractors, materialman and others who supply work labor and materials to work of improvement. I've been dealing with this for over 30 years and problems arise because contractors failed to understand the law . Gosh, I wonder if you could be one of those. Let us presume you filed timely you must then file a lawsuit in a timely manner. The problem is that the escrow closed before the time for filing lawsuit. Interesting situation. Therefore, my immediate advice he is get yourself a good real estate attorney who deals and mechanics weans to help you. The other alternative is just go to Small Claims Court and Sue the people who didn't pay you. Bush or claim against the title company and hopefully you can settle with them in some manner. All this could be accomplished quicker, easier and much less problematically by an attorney.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: Title Company missed my mechanics lien
You need to make sure that you follow the lien rules, and if necessary, file suit prior to the lien expiring. In all likelihood, the money will be paid as the new owner can require the title company and seller to clear your lien.
Re: Title Company missed my mechanics lien
It appears that the title company is liable based upon the facts you presented to me. We can help you with a demand letter. 714 363 0220
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