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California Mechanics Lien: 4 Gray Areas In The Lien Law

Do you have mechanics lien rights?  This is a very complex question in any state as all lien legislation is riddled with gray areas and legal rule exceptions. The California legislature just finished two years of amendments to the state’s mechanics lien laws in an effort to stamp out confusion, yet there are still ambiguities […]

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Proceed With Care When Filing A California Mechanics Lien Extension

The life of a mechanics lien in California is quite short – just 90 days.  In fact, it’s one of the shortest statutory effective periods anywhere in the nation for a mechanics lien claim.  It is not surprising, therefore, that claimants in California are frequently interested in extending its life with some sort of lien […]

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New York Mechanics Lien Extension Rules Cloudy With A Chance Of Controversy

Hat tip to our friend Vincent Pallaci of the New York Mechanics Lien Blog for calling our attention to a very interesting and controversial mechanics lien decision from the appeals court in New York  affecting lien extensions in his blog article: Appeals Court Reinstates Discharged (Expired) Mechanic’s Lien. At issue in the case In the […]

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California Clerks Are Confused About California Lien Extension

I hate to use the term “Lien Extension” when talking about California mechanics lien law because the document or the remedy simply does not exist.  There is no such thing as a “mechanics lien extension” in California. Nevertheless, this is what everyone refers to when they discuss the state’s “Notice of Credit.”  This is just […]

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New York Liens – How Long Are They Effective?

Another day, another post about how long a mechanic’s lien stays effective.  Today, we’ll take a quick look at New York – one of the states in which a lien may be extended.  The time period in which an action to enforce a mechanic’s lien must be initiated is necessarily congruent with the period of […]

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Understanding Notice of Credit and Lien Extensions in California

In California, a mechanics lien will expire 90 days after its filing date unless a lien foreclosure action is filed to enforce the claim. Frequently claimants wonder if they can simply “extend” the lien. There is a provision in California to extend the validity period for a mechanics lien, but the provision is rarely used. […]

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Do Credit Agreements and Financing Extend Mechanics Lien Deadlines?

A reader contacted me over the weekend inquiring about their deadline to file a California mechanics lien when they had extended credit to the property owner.  Did the lien deadline start to count from when work was last performed, or from when the debt actually became due under the financing agreement?  The answer, of course, […]

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FAQ: If My Lien Expires, Can’t I Just File It Again?

Short Answer:  No.  In a minority of states (like New York), parties can file a mechanic’s lien extension. The majority of states, however, allow no extensions, and the lien will expire when the statutory period runs. Long Answer:  A few weeks ago we published a FAQ that addresses this issue just a bit:  Does A […]

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FAQ: Does A Mechanic Lien Cloud Title Forever?

Short Answer: No, a mechanics lien will only last for a certain proscribed period of time. Once that time has passed, the lien holder must file a lawsuit to foreclose upon the lien. If the lawsuit is filed, the lien will stay active until the suit is concluded. If the lawsuit is not filed, the […]

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Can I File An Extension To A Mechanic’s Lien?

Last month, I posted an article title “How Long Will A Mechanic’s Lien Cause Havoc?  Not Very.“   The point of post was best summarized by a quote from the Refinance PA Mortgage Blog, which provided as follows: There is a misconception that once a lien is filed or recorded against a property, it remains there […]

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