How To Remove Mechanics Lien

How to Remove a Mechanics Lien From Your Home?

Updated on October 20, 2022

Remove a Mechanics Lien From Your Home

So yous hire a contractor to perform work on your home, and you lot discover that he recorded a mechanics lien on your dwelling house. What do you practise? First and foremost, it's important to know that a mechanics lien expires within ninety days after information technology has been recorded and becomes unenforceable. If the contractor does non prevent on the lien (file a lawsuit based on the lien) within the xc day period, and then the lien automatically expires. But just because the lien expires does not mean that it is automatically removed from your property. You can remove a mechanics lien only by 1 of two ways:

The contractor records a release of mechanics lien; or
You file a petition with the courtroom to release the mechanics lien.

Letter Demanding Lien Removal

When forced to file a petition to release the mechanics lien, you must follow certain steps earlier filing the petition. You must first send a notice to the contractor demanding him to record a release of the mechanics lien. The notice must be given in i of three ways:

Personally delivery
Mailed past registered or certified mail, limited mail, or overnight delivery by an express service carrier, or
Leaving the notice at the contractor's business concern or abode with a person who is at to the lowest degree 18 years old and mailing a copy of the detect by kickoff class mail to the address where the discover was left.

When You Should Send A alphabetic character?

Yous need to give the contractor at least 10 days to respond to your letter before filing the petition. If the contractor doesn't respond to your notice or refuses to record a release of lien, and then you tin file your petition.

How Many days have to to File a Petition?

If y'all determine to file a petition with the court to remove a mechanics lien, it is important to know that the unabridged procedure, from the filing of the petition to the hearing, takes up to xxx days or more depending on the court'due south calendar. The judge must brand a ruling inside 30 days of the filing of the petition, or up to sixty days on a showing of good cause.

If the judge enters judgment in your favor and orders the mechanics lien to be released from your home, you lot tin seek reimbursement of the attorneys fees you incurred in bringing your petition from the contractor; only don't terminate later the approximate issues the society for the release of the mechanics lien. The last pace you demand to exercise is tape the court order with the canton recorder's office in the county where your house is located.

Need to remove a mechanics lien from your holding? Have you lot been served with a mechanic lien? Our experience real estate attorneys in Los Angeles can handle these cases. Contact Schorr Law today and run across if you qualify for a free thirty-minute consultation. We tin can be reached by: email at info@schorr-law.com | text (323) 487-7533 | call (310) 954-1877 | You lot tin can also utilize our Contact Form to send us a message.

By Carina Woo, esq.

See related:iii Keys to Mechanic's Liens in California