Insurance & LiensQuestion 681 of 1632

An owner wants to remove a $60,000 mechanics' lien recorded against the property so the property can be sold or refinanced. Under Civil Code §8424, the owner may obtain a release of the lien by recording a lien release bond in the amount of:

a.The full lien amount in cash, deposited with the county recorder
b.Half the lien, because a recorded lien is only presumptively valid
c.125 percent of the claim of lien, written by an admitted surety insurer
d.100 percent of the lien, plus a $500 recording fee to the county

Explanation

§8424(b) fixes the bond at 125 percent of the claim of lien — or 125 percent of the amount the claim allocates to the property being released — and requires it to be executed by an admitted surety insurer. On recordation the real property is released from the lien and from any action to enforce it, and the 25 percent margin is there to cover the interest and costs the claimant may recover. The party who records the bond must give the claimant notice with a copy of it, and the claimant then has six months from that notice to sue on the bond, which is a different clock from the 90 days §8460 allows for suing on the lien itself. So (d) is 25 points short, (b) invents a discount for a disputed lien, and (a) is wrong twice over: cash is not required and a surety bond is exactly what the section calls for.

Law Reference: Civil Code §8424(b)-(d); §8460(a)

This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →

Practice all 1632 questions free — no signup required.

Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →

Related questions on this topic

Last reviewed: · editorial process

PrepPass team · Verified against California CSLB Contractor License Law & Business Exam · How we review
Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)
Report