1. Is the Lien Based on Work That Remains Unpaid?
An unpaid invoice does not automatically justify a lien against someone's property. Check the payment trail and whether the claimant met lien requirements.
Rebuild the Payment History
A construction dispute can begin with an extra charge the owner never approved or a payment that never reached a subcontractor. The invoices alone rarely tell the whole story.
- Match contracts and approved changes to invoices.
- Compare progress payments with bank records.
- Separate unpaid balances from unapproved or disputed charges.
Check Who Claims the Money
A subcontractor or supplier may claim a lien without contracting directly with the owner. Civil Code § 8430 generally limits the amount to the lesser of reasonable work value and the claimant's agreed price, subject to exceptions.
- Identify the claimant's place in the contracting chain.
- Confirm what labor or materials reached the project.
- Check modifications and credits before calculating the balance.
2. Which Notices and Deadlines Could Defeat the Lien?
A lien may remain recorded despite missed deadlines. Timing depends on the claimant and project completion. A recorded completion or cessation notice may shorten the period.
Review Preliminary Notice and Service
Under Civil Code § 8200, laborers are exempt from preliminary notice. A claimant contracting directly with the owner generally needs to notify only the construction lender, if any. Section 8416 separately requires service of the recorded lien.
- Check who received preliminary notice and when.
- Check the lien's notice language and proof of service.
- Compare service dates with mailing or delivery records.
Check Recording and Foreclosure Dates
Civil Code §§ 8412 and 8414 distinguish direct contractors from other claimants. Section 8460 ordinarily requires a foreclosure lawsuit within 90 days after recording, unless a qualifying credit extension applies.
| Step | Statutory Timing |
|---|---|
| Direct contractor records lien | After completing its contract; before the earlier of 90 days after project completion or 60 days after a recorded completion/cessation notice |
| Other claimant records lien | After ceasing work; before the earlier of 90 days after project completion or 30 days after that recorded notice |
| Claimant files foreclosure action | Generally within 90 days after lien recording; a qualifying recorded credit extension changes the deadline |
3. How Can an Owner Clear a Recorded Mechanics Lien?
An expired lien can remain on title. Options include a recorded release, bond, or qualifying court order. The broader rules for mechanics liens also explain a claimant's rights.
Seek a Voluntary Release or Court Order
Payment or an agreed resolution may lead the claimant to record a release. Under Civil Code § 8480, this release petition is available when the claimant failed to bring an enforcement action within the statutory period.
- Check for a timely lawsuit or qualifying credit extension.
- Demand a recorded release at least 10 days before petitioning.
- Prepare the certified lien copy and required petition details.
Use a Bond If the Dispute Cannot Wait
Civil Code § 8424 permits a qualifying release bond issued by an admitted surety insurer. Its amount is 125% of the lien claim, or the amount allocated to the property released. Recording releases the property from the lien, but a claim against the bond may continue.
- Confirm the bond amount and surety requirements.
- Serve the claimant with the required bond notice and copy.
- Ask escrow what evidence it needs for closing.
4. What Must Buyers and Sellers Check before Closing?
A lien near closing raises two questions: is it enforceable, and what will the title insurer accept? The recorder does not decide validity. Check court records too.
Follow the Local Recording and Court Trail
The Los Angeles County Registrar-Recorder/County Clerk receives lien-related recordings. A petition to release an expired lien is generally brought in the Superior Court where the property is located. Review property lien issues before relying on a title summary.
- Obtain the lien and any completion notice.
- Check for a foreclosure action or recorded extension.
- Verify the parcel and ownership interest described.
Align Releases with Escrow Requirements
A settlement promise alone may not remove a recorded lien. Title insurance and escrow review can reveal which release, bond, or court order the transaction requires.
- Confirm who must record the release document.
- Review statutory conditional and unconditional waivers.
- Keep payments and recording confirmations together.
5. Frequently Asked Questions
Can a subcontractor file a lien if I paid the general contractor?
Potentially. Payment to a general contractor does not automatically defeat a qualifying subcontractor's lien. Notice compliance, waivers, and payment records need separate review.
Can a mechanics lien take priority over my mortgage?
Possibly. Civil Code § 8450 links priority to the commencement of improvement work and when other interests attached. Recorded documents and actual project dates matter.
Who pays attorney fees in a lien-release petition?
Under Civil Code § 8488(c), the prevailing party is entitled to reasonable attorney fees in that statutory proceeding. The rule does not cover every construction payment dispute.
Does bankruptcy automatically remove a mechanics lien?
No. A federal bankruptcy case may stay enforcement, but an otherwise valid lien does not simply vanish. Bankruptcy and state lien procedures require separate analysis.
6. Discuss a Recorded Lien with Sjkp'S Attorneys
A recorded lien can delay a sale even when the parties disagree about the bill. SJKP's attorneys can examine the contract, payment records, statutory deadlines, and available release procedures. Contact the firm with the recorded claim and any closing documents to discuss the next steps.
28 Oct, 2026
