How to Erase Invalid Liens

How to Remove Recorded Invalid Liens

A mechanics lien once filed on your property will stay in the county records office and continue to appear on your property title until you take action to remove and erase invalid lien. Invalid liens can cause difficulties and deter the possibility of selling the property, refinancing the property, or even obtaining a line of credit using the property as collateral.

If a potential lien claimant such as a materials supplier, a laborer, a contractor, or a subcontractor fails to comply with any of the specific prescribed timetables we have discussed in other articles in this category, you can already petition the court to remove the lien as soon as possible.

By law, anyone can record a mechanics lien to claim for unpaid service or materials delivered. However, unlicensed contractors and subcontractors cannot foreclose on a mechanics lien if the work is valued exceeding $500. Only licensed contractors and subcontractors are authorized by law to work in projects that are valued above $500.

Mechanics Lien filed at the county recorder’s office that is ruled by the local superior court to be invalid can be erased and removed to free the property title from liens and encumbrances.

Steps to erasing or removing an invalid lien:

1. Send a written request by certified, registered, or express mail to the lien claimant. Maintain a copy of that letter plus the postage receipt representing the proof of your request.
In your letter, include:

The deviations you have identified based on prescribed timetables
State the purpose of your letter requesting the claimant to remove and erase invalid lien immediately

Warn and remind the claimant in your letter that if the lien is not erased or removed, you will be forced to hire an attorney to erase the invalid lien. The court then can award you the attorney fees that are deemed reasonable to release the lien from records. The mechanics lien law in California changed on July 1, 2012, has raised attorney’s fees to $2,000, deemed as reasonable to release mechanics lien from records.

2. You have to send your letter request to the claimant’s last known and verified address. At often times, sending the letter request to the claimant is already enough to persuade the claimant to erase invalid lien from records.

3. File and safe keep all your pertinent paperwork and documents for your case. These documents, letters and postage receipts will prove significant and beneficial in your position to erase and remove the lien from records. If you need to demonstrate and prove to the local superior court that the lien claimant is unable or unwilling to execute a release of the lien, or cannot, with reasonable diligence, these records are sufficient evidence to support your position.

4. Court Petition to Release the Property Lien

When the lien claimant does not take action to remove and erase the invalid lien and the timetable to take action to foreclose has expired, you can now petition the court for a decree to release the property from the lien. This process to remove and erase invalid lien would be complicated and would require the services of an attorney.