Insurance & LiensQuestion 1475 of 1605
After recording a mechanics lien, within what period must the claimant file a lawsuit (action) to foreclose the lien, or the lien becomes unenforceable?
a.Within 30 days of recording
b.Within 90 days after recording of the lien
c.Within 60 days of recording
d.Within 6 months, but only if the owner objects
Explanation
Civil Code §8460 requires the claimant to commence an action to foreclose the mechanics lien within 90 days after recording. If no suit is filed in time (absent a recorded extension), the lien expires and is unenforceable.
Law Reference: Civ. Code §8460Practice all 1605 questions free — no signup required.
Related questions on this topic
- Which type of claimant is generally NOT required to serve a Preliminary Notice to preserve a mechanics lien?
- A direct contractor who contracted directly with the owner on a private residential project generally must serve a preliminary notice on which party, if any?
- To remove a recorded mechanics lien from the property when a payment dispute is resolved, the contractor typically records a:
- A 'stop payment notice' (formerly 'stop notice') is a remedy that allows an unpaid claimant to reach:
- On a private work with a construction lender, for a stop payment notice to bind the LENDER to withhold funds, the claimant generally must:
- On many private commercial projects, the direct contractor furnishes a 'payment bond.' The primary purpose of a contractor's payment bond is to:
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)