Legal Question in Real Estate Law in California

Re: lien

Theoretically, yes.

Mechanic's liens are pretty easy to file, and can originate not only with contractors but also with subcontractors and material and equipment suppliers.

Mechanics liens expire and are no longer effective as liens unless suit to foreclose is brought fairly promptly.

You didn't indicate the relationship of the lien holder to yourself. If you don't know, you need to investigate. The lien may be fraudulent itself, or it may be placed by someone (such as an equipment rental firm) that is itself being defrauded. For example, a contractor may have rented a bulldozer telling the rental agency that it was going to be used on a job at your property, when in fact he is using it on other jobs or maybe at his own place.

Re: lien

If there is a lien put on improperly for example a mechanic's lien, a Motion could possibly be filed to expunge it. Please call me if you have any questions.

Re: lien

The answer is yes they can. However, recording a lien doesn't mean it's valid. In fact, the person recording the lien must file a lawsuit to foreclose on the lien with 90 days of recordation. Otherwise, the lien is void. If there's an invalid lien clouding title, a motion can be filed with the court to have it expunged. Attorney's fees are also recoverable, although there's a cap.