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Mechanic’s Lien Recording Timeframe

Picerne Constr. Corp. v. Castellino Villas  In general, Cal. Civ. Code §8412 provides that for a contractor to preserve the right to enforce a mechanic’s lien he must record his claim of lien after he completes his contract and before the expiration of either: (a) Ninety days after completion of the work of improvement; or (b) Sixty days after the owner records a notice of completion or cessation. (See Cal. Civ. Code §8412.) Thus, under California’s mechanic’s lien laws, without a recorded notice of completion a general contractor has 90 days from completion of the work of improvement to record a claim of mechanic’s lien.  (Cal. Civ. Code §8412(a).) Prior to the ruling in Picerne Constr. Corp v. Castellino Villas, courts differed in opinion as to

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Posted in Mechanics Lien

3 Keys to Mechanic’s Liens in California

Mechanic’s liens are a somewhat speedy tool in construction disputes that allow contractors, subcontractors, material suppliers and laborers on construction projects to place a lien on the owner’s property. (1) Preliminary Notice Required: In order for a contractor, subcontractor or material supplier to have the mechanic’s lien remedy available to them, they must first service a preliminary notice on the owner of the property. The Preliminary notice, among other things, provides the owner with notice as to the identity of the person who may be entitled to enforce a mechanic’s lien and the amount of their potential claims.   The preliminary notice is very important, because a mechanic’s lien is not enforceable by a party who fails to satisfy the statutory requirements for a preliminary notice

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Mechanic’s Liens In California – Rights and Responsibilities

While many people may know the general concept of a mechanic’s lien, they may not know about the details of how this type of lien actually works and how to get it removed.  We have outlined the important aspects of a mechanic’s lien below, starting from the definition of a mechanic’s lien and ending with how an owner can remove this lien. Mechanic’s Lien in General A lien is a right to keep possession of property belonging to another person until a debt owed by that person is paid off.  A mechanic’s lien can be recorded against a property to secure payment of a claim by anyone who supplied labor or materials for improvement of that property, and when recorded, it has priority over any

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Mechanics Liens: 90 Days To Foreclose on a Mechanic’s Lien

You probably know that a mechanics lien is a security interest in real property for those that have supplied materials or labor to improve the property, and that their purpose is to secure payment for such labor and materials.  However, you may not know that a mechanics lien expires 90 days after recording claim of lien. For contractors and subcontractors, this means that an action to foreclose on a mechanics lien on real property must be commenced within 90 days after recording the lien.   (Cal. Civil Code § 8460.) For real property owners, this means that if after 90 days, the contractor has not commenced action to enforce the lien, the owner may petition the court for an order to release the property from the

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Posted in Foreclosure, Mechanics Lien

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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