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How do I place a lien on a property?

CaliforniaLawsuitRight to Lien

How do I put a lien on a home? I tried to purchase the home and the seller didn't disclose that they had an existing lean already on the property. So now my 5K that I put down as the earnest money deposit is stuck in an escrow account because the seller wont sign the mutual release even though it was their issue that didn't allow them to perform. I also paid a contractor approximately 15K on home improvements to the house. I moved out because I couldn't buy the house and now they're trying to sell it for 100K more than what I was going to buy it for? I live in California.

1 reply

Aug 20, 2020
Mechanics liens are powerful tools, but they are only applicable in certain circumstances. Mechanics lien protection is geared toward parties who have furnished labor or materials to a construction project that results in a permanent improvement to the property. Generally speaking, this means that if a party has only provided financial support to a project s/he does not qualify for mechanics lien protection - only parties performing work or providing the actual materials for the work are allowed to file a valid and enforceable mechanics lien. Additionally, since mechanics liens arise from construction work, anybody claiming a lien in California must be licensed to do the work from which the lien arises. There may be other options to recover the money you are owed. It may be worth while having a local attorney go over all of the details of the situation with you and take a look at the actual contracts and other documents to help you find the best path forward.
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