Insurance & LiensQuestion 1488 of 1632

Under current California law, a mechanics lien is generally NOT enforceable unless the claimant:

a.Files the foreclosure action within ten days of recording the lien
b.Serves the lien and the Notice of Mechanics Lien, with its proof
c.Posts a surety bond equal to the amount claimed in the lien
d.Obtains the owner's written acknowledgement of the amount owed

Explanation

Civil Code §8416 conditions enforceability on serving the owner or reputed owner with a copy of the lien and the statutory Notice of Mechanics Lien, and recording a proof of service affidavit with it. (a) borrows the §8460 deadline and shrinks it — the claimant has 90 days after recording to sue, not ten. (c) reverses who bonds: the 125 percent bond under §8424 is the owner's tool for clearing the lien from title, not a claimant's prerequisite. (d) would make the lien consensual, which defeats its purpose as a statutory security a claimant can assert without the owner's agreement.

Law Reference: Civil Code §8416

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