A mechanic’s lien foreclosure in California is the topic of this blog post.
The law specifies that in order to obtain a mechanic’s lien foreclosure in California you must file a complaint for foreclosure of mechanics lien within 90 days after the claim of mechanics lien has been recorded with the County Recorder or the lien will expire and cannot be enforced.
Civil Code section 8460(a) states that, “(a) The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien. If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable.”
Any complaint to foreclose on a mechanic’s lien in California must be verified and must also state the full legal description of the subject real property. Although it is not specifically required including the full street address and assessor’s parcel number is a good idea.
Alternative causes of action can be included in the complaint such as breach of contract which is a good idea if the contract has an attorney’s fees provision as the plaintiff will be entitled to their reasonable attorney’s fees as well as costs in an amount to be determined by the Court. Other causes of action could include common counts.
I want to emphasize that even if a mechanic’s lien has expired and cannot be enforced that does NOT mean that the underlying debt is extinguished. That only means that the mechanic’s lien itself cannot be enforced or foreclosed upon. That does not mean that a complaint for breach of contract or a common count cannot be filed.
Attorneys or parties in California that would like to view a portion of an 8 page sample verified complaint for foreclosure of mechanic’s lien in California containing brief instructions and causes of action for breach of contract and foreclosure of mechanic’s lien sold by the author can use the link shown below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.