Insurance & LiensQuestion 479 of 1605
A contractor recorded a valid mechanics' lien but, 100 days later, has neither been paid nor filed a foreclosure lawsuit. What is the status of the lien?
a.It remains fully enforceable for one year from recording
b.It has expired and is no longer enforceable
c.It automatically converts into a stop payment notice
d.It can still be enforced if the contractor records it a second time
Explanation
Under Civil Code §8460, a recorded mechanics' lien must be enforced by filing a foreclosure lawsuit within 90 days of recording. Because more than 90 days passed with no lawsuit, the lien has expired and become unenforceable.
Law Reference: Civil Code §8460Practice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)