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Demand for release of mechanic’s lien in California

A demand for release of mechanic’s lien in California is the topic of this blog post. A demand for release of mechanic’s lien in California is sent pursuant to the provisions of Civil Code section 8102. The law in California states that the demand letter must be served on the party that recorded the lien at least 10 days before any petition for release of mechanic’s lien is filed.

The party serving the demand for release of the mechanic’s lien should wait until at least 90 days have passed since the date that the mechanic’s lien was recorded with the county recorder. The demand letter should be sent once at least 90 days have passed since the date that the mechanic’s lien only if the person or entity that recorded the lien has not filed a complaint to foreclose on the mechanic’s lien. The reason for waiting at least 90 days is that Civil Code § 8460(a) states that the mechanics lien expires and is unenforceable after 90 days unless the recording party has filed a complaint to foreclose on the mechanic’s lien.

The demand letter should list the date that the mechanic’s lien was recorded along with the complete document number and the county where the mechanic’s lien was recorded. It should also list the complete street address and the full legal description of the real property including the assessor’s parcel number.

The demand should be served by personal delivery, certified or registered mail with return receipt requested, express mail or overnight delivery using Federal Express or other overnight delivery company pursuant to Civil Code § 8110.

The letter should demand that the lien be released within ten (10) calendar days from the date that the notice is served or the demanding party will file a petition with the Court for an order releasing the mechanics lien and ordering them to pay reasonable attorney’s fees and costs involved in filing the petition.

I cannot stress enough that if the demand letter does not contain the required information or is not served correctly that can result in the court denying any petition for release of the mechanic’s lien and ordering the party that filed the petition to pay for the attorney’s fees and costs of the prevailing party.

Attorneys or parties in California that would like to view a sample demand for release of mechanic’s lien created by the author available for free download can see below.

To view over 300 sample legal documents created by the author of this blog post visit: http://www.scribd.com/LegalDocsPro

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

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