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