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How do I put a lean on real property in California and how long do I have to sue for breech of contract?
3 Comments · Posted by admin in California construction loan
i was working on a ladies home and she stopped paying near the end and has not followed through with any of her promises. I am about 80% done an only need the final inspection from building & safety. She told me that she loaned the money to her daughter. There is15,000 in change orders and 64,000.00 remaining on the original contract. also another 79,000.00 on a separate agreement. Is it true that construction leans are honored before mortgage leans. HELP ME PLEASE. thanks so much
You can put a "Mechanics’s Lien" on the house for the value of the work and materials. You can get the form from the Court Clerk. Fill it out and record it on the land records of the county where you did the work. (Property Location.) There are several different statutes of limitations on contracts in California. I BELIEVE it’s three years on construction contracts, but I’m not sure. It’s been awhile since I did work there. However, it’s certainly at least a year. A mechanic’s lien has to be satisfied before the house can be sold or refinanced. It’s a great tool for guys like you to make sure you get paid.
Here’s a link. Email me if you have questions.
http://www.clta.org/documents/education_mechanics_lien.pdf
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Toodeemo · March 15, 2010 at 11:26 pm
You can put a "Mechanics’s Lien" on the house for the value of the work and materials. You can get the form from the Court Clerk. Fill it out and record it on the land records of the county where you did the work. (Property Location.) There are several different statutes of limitations on contracts in California. I BELIEVE it’s three years on construction contracts, but I’m not sure. It’s been awhile since I did work there. However, it’s certainly at least a year. A mechanic’s lien has to be satisfied before the house can be sold or refinanced. It’s a great tool for guys like you to make sure you get paid.
Here’s a link. Email me if you have questions.
http://www.clta.org/documents/education_mechanics_lien.pdf
References :
WU-TANG FAN · March 15, 2010 at 11:48 pm
You need to go down to the County Recorders Office and file a claim for non-payment and provide adequate proof. They will then notify the owner of the property and give ample notice before a lien is recorded. Once the Lien is recorded, it can only be removed by payment of any outstanding judgments first. The property cannot be sold , transferred or otherwise change hands unless payment is made first.
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kelly · March 16, 2010 at 12:06 am
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