How to Remove an Improper Mechanics’ Lien?

 


The dispute between the property owner and the hired contractors is not new. Even the slightest of differences can escalate the problem between the two and can make the case look worse. Suppose the property owner feels that contractor has not done justice with the project assigned and there is still a lot of unfinished work or in some cases, the contractor has taken too much time to complete the project. In any such case, the owner might block the payment to the contractor. If the contractor feels he has been up to his commitments then he has the choice to simply retaliate with the mechanic’s lien on the property. But one has to take note that even a little mistake while filing this lien will result in expulsion. Court won’t take too long before expunging the mechanic’s lien altogether. An attorney might give you a fair bit of idea about the whole process and all the necessary things that one has to keep in mind while filing a mechanics lien.

Let us consider an example of a most recent change in the rule of lien. In July 2012 mechanic lien California went through a process of a complete revision. The change came us a revision for the contractors and the subcontractors who were expected to change the form with an updated version and consider a different procedure to enforce the mechanic lien.


Even after the change, the purpose of the mechanic lien remains the same and that is to prevent the owners from taking any advantage of their property without paying the cost. The mechanic lien is very essential for the contractor’s financial security point but then one has to understand all its procedural aspects and the correct way to file the lien. One mistake might hamper the whole cause.


Also Read: What Does A Construction Lawyer Do And When Do I Need One?




The first and foremost priority is to file the mechanic lien on time. Not filing it timely might result in the expulsion of the lien altogether. It is also important to note that the owner at first is expected to provide notice to the contractor to remove the lien voluntarily. The technicality of this notice requires a good consultation of the lawyer who could advise the homeowner about things to include in this important notice.


So once the notice is filed and even after 10 days the lien by the contractor is not removed then it is time for the petition to be filed for the court hearing. If the owner fulfills all the requirements of the civil code and the lien is termed defective then it will be pretty clear and the court would order the removal of the lien while the owner would be required to pay the cost as well as the added attorney fees.


If the procedure is not conducted properly then the owner might end up paying the attorney fees and the lien would remain active on the property. So it is important that this procedure is done under the guidance of an expert and there is nothing left unnoticed that hampers the whole process.


We at mechanics lien have got great experiences in dealing with the mechanic lien. So if there is any case of a lien on a house and you need some assistance with it. Our team is all set to help you and make sure that you get the desired result.

Original Source: https://bit.ly/34Fuwuj

Location: California, USA

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