Legal Question in Construction Law in California

Mechanics Lien

How do I get a lien expunged that was not enforced in California?


Asked on 12/28/08, 5:04 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mechanics Lien

Mechanics' liens expire after 90 days from recording of the original claim or any extension of credit duly recorded, and if not prosecuted, there is no need to expunge them. However, there is a process (described at Civil Code section 3154) to obtain a judicial release of lien upon petition to the court. Some authorities think going after such a release is a waste of time and money since title companies, etc. know mechanic's liens are void after a short time, but CC 3154 does have a limited attorney-fee provision so that a prevailing party can get at least partial reimbursement of its costs to file or defend such a petition.

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Answered on 12/28/08, 6:01 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Mechanics Lien

You may file under the civil code. However, it may have expired on its own. Contact me directly.

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Answered on 12/30/08, 7:48 pm


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