Insurance & LiensQuestion 1504 of 1605

A claimant recorded a mechanics lien but took no further action for four months. What is the likely status of the lien?

a.It converts automatically into a stop payment notice
b.It has expired and is unenforceable because no foreclosure action was filed within 90 days (absent a recorded extension)
c.It becomes a judgment lien automatically
d.It is still fully enforceable for one year

Explanation

Civil Code §8460 requires an action to enforce (foreclose) the lien within 90 days of recording. Four months (about 120 days) without filing suit, and without a recorded extension of credit, causes the lien to lapse and become unenforceable.

Law Reference: Civ. Code §8460

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