If you are a contractor, subcontractor, design professional, or supplier and have not been paid for a service that you have provided, there is recourse. You can put a mechanic?s lien on the property until your bill has been paid in full. A mechanic?s lien is often a necessary last resort when seeking payment to protect your business. But because of the complexity of construction laws and regulations regarding the filing, enforcement, and satisfaction of mechanic?s liens, it is in your best interest to contact an experienced Orange County real estate attorney to assist you in preparing the lien and effectively enforcing it.
How to File a Mechanic?s Lien in California
Filing a mechanic?s lien in California is a technical and complex process. The filed mechanic?s lien must contain certain information mandated by California statutes, including a warning statement to the property owner in bold type, in a specific font size. The lien should also clearly identify the property owner per public property records, and also identify the property where work was performed with a legal property description.
Once the mechanic?s lien is properly prepared, it must be filed in the county where the property is located. An original copy of the lien, along with an attached proof of service (an affidavit), must be served upon the property owner.
Deadlines for Filing
However, in order to be effective, a mechanic?s lien must be filed within 90 days of the completion of a construction project.
After the lien is properly served, it must be recorded. In the event that the property owner fails to satisfy the lien and pay your bill in full, you will need to proceed with a lawsuit to foreclose the lien.
A properly filed and foreclosed mechanic?s lien will give you, the claimant, a security interest in the property itself. If you prevail at trial, the court will order the sale of the property on which you have performed work or supplied materials in order to pay off your lien.
An Orange County Real Estate Attorney Can Help
The legal assistance of your Orange County real estate attorney will be invaluable to properly meeting all of these requirements and getting the compensation that you deserve.
For efficient processing of mechanic?s liens filings and other mechanic lien matters, contact an experienced Orange County real estate attorney at the Daily Aljian law firm today.