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Hello,
I had a dispute with my former gardner last year (August, 2002). He
tried to charge me more than what we agreed (verbal) for some
landscape work. He filed a Mechanic's Lien on my house a year later
(August 25, 2003). In addition, it has been over 90 days and no
lawsuit was filed.
It's my understanding that this lien is invalid after 90-days of
filing if no lawsuit is filed. I want to sell my house in the next
few month. Obviously I do not want a lien on the title. Do I have to
hire a lawyer to remove an invalid mechanic's lien? it's not a lot of
money, so it seems a bit silly to spend legal fees that may cost more
than the original dispute?
What is the procedure for the homeowner (myself) to remove a invalid
mechanic's lien here in California? If any?
-Jeannie
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I had a dispute with my former gardner last year (August, 2002). He
tried to charge me more than what we agreed (verbal) for some
landscape work. He filed a Mechanic's Lien on my house a year later
(August 25, 2003). In addition, it has been over 90 days and no
lawsuit was filed.
It's my understanding that this lien is invalid after 90-days of
filing if no lawsuit is filed. I want to sell my house in the next
few month. Obviously I do not want a lien on the title. Do I have to
hire a lawyer to remove an invalid mechanic's lien? it's not a lot of
money, so it seems a bit silly to spend legal fees that may cost more
than the original dispute?
What is the procedure for the homeowner (myself) to remove a invalid
mechanic's lien here in California? If any?
California Civil Code Section 3154 contains the procedure. Essentially, you
file a petition for a decree to release the property from the lien. You
serve the petition, go to the hearing, record the decree. Civil Code
Section 3154 can be found here:
http://caselaw.lp.findlaw.com/cacodes/civ/3143%2D3154.html
If the link doesn't work, go to http://findlaw.com and click through: state
resources, CA, codes, Civil Code, 3154.
McGyver
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Thanks for the reply. Do I need an attorney to file this Petition?
Can I do this in a small claims court?
- Jeannie
On Mon, 8 Dec 2003 09:54:45 -0800, "McGyver" <Greyprof@msn.com> wrote:
California Civil Code Section 3154 contains the procedure. Essentially, you
file a petition for a decree to release the property from the lien. You
serve the petition, go to the hearing, record the decree. Civil Code
Section 3154 can be found here:
http://caselaw.lp.findlaw.com/cacodes/civ/3143%2D3154.html
If the link doesn't work, go to http://findlaw.com and click through: state
resources, CA, codes, Civil Code, 3154.
McGyver
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An attorney can do it easily and it shouldn't cost much. You can do it
yourself if you learn how. That will take some hours in the county law
library, but it can be done. But before you do that, here are two other
ideas. It would be a good idea to try to get the former gardener to sign a
release. That release can be recorded, and you're done. In order to get
the gardener to do it, tell the gardener that if litigation is needed, you
will be asking for a judgment against that person for attorney's fees, as
permitted by California's Mechanics lien law.
Second, it's possible to ignore the lien and still sell the house. The
title insurance companies often agree to issue the policy without taking
exception to an expired lien, if the seller will sign an indemnity
agreement, protecting the company from a future claim. You can call one of
the big title companies and ask. If you find out that there will be no
problem, you can tell your broker when you sell that the transaction must be
processed through either that title company as escrow agent, or through an
escrow agent that will use that title company. Even if you don't do any of
that, it should be possible to make an indemnity deal with any title company
at the last minute.
McGyver
Thanks for the reply. Do I need an attorney to file this Petition?
Can I do this in a small claims court?
- Jeannie
On Mon, 8 Dec 2003 09:54:45 -0800, "McGyver" <Greyprof@msn.com> wrote:
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McGyver,
THANK YOU for replying to my questions! You've been very helpful..
I'll check with some local real estate attorneys to see what would be
the cost? (hopefully not too expensive). Also the title companies
about the possibility of overlooking an expired lien.
-Jeannie
On Mon, 8 Dec 2003 15:43:34 -0800, "McGyver" <Greyprof@msn.com> wrote:
An attorney can do it easily and it shouldn't cost much. You can do it
yourself if you learn how. That will take some hours in the county law
library, but it can be done. But before you do that, here are two other
ideas. It would be a good idea to try to get the former gardener to sign a
release. That release can be recorded, and you're done. In order to get
the gardener to do it, tell the gardener that if litigation is needed, you
will be asking for a judgment against that person for attorney's fees, as
permitted by California's Mechanics lien law.
Second, it's possible to ignore the lien and still sell the house. The
title insurance companies often agree to issue the policy without taking
exception to an expired lien, if the seller will sign an indemnity
agreement, protecting the company from a future claim. You can call one of
the big title companies and ask. If you find out that there will be no
problem, you can tell your broker when you sell that the transaction must be
processed through either that title company as escrow agent, or through an
escrow agent that will use that title company. Even if you don't do any of
that, it should be possible to make an indemnity deal with any title company
at the last minute.
McGyver
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