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CA demand for release of mechanic's lien
Anonymous6 views3 answers
I am in CA and a mechanic's lien was placed on my property for failure to pay a contractor. Now I have paid the contractor but they have not removed the lien. is there some sort of demand to release a mechanic's lien that I can file? What would be my next move.
Yes. You need to write a letter to the contractor demanding its release. If the contractor refuses or fails to remove the lien after written demand, you can file a Petition to Release Property from Lien with the California Superior Court, in the county within which the property is situated. Pursuant to California Civil Code, Section 3154, you will be entitled to up to $2,000 in attorney's fees, plus costs of suit.
Yes, if he has not sued on the lien within 90 days of recording you can sue him for removal of the lien per Civil Code sec. 3154, and recover at least some of your fees and costs.
However, many small contractors just don't know how to release a lien, so maybe just send him a lien release form and demand that he notarize and record it.
George Wolff
WOLFFLAW
(415)788-1881
I agree with Mr. Kron.
But be advised that the Section 3154 petition can only be filed once the 90 day period within which the contractor has to file a lien foreclosure lawsuit has expired. If he was to file a lawsuit on lien in the meantime the petition would not be possible.
