Insurance & LiensQuestion 1538 of 1605
To keep a mechanics lien alive beyond 90 days without immediately filing suit, a claimant and owner may agree to and record an:
a.Assignment of the lien to a lender
b.Extension of credit, which extends the time to sue up to one year from recording
c.Automatic renewal every 90 days
d.Increase in the lien amount
Explanation
Under Civil Code §8460, the parties can record a notice of extension of credit that extends the deadline to bring the foreclosure action, but in no event beyond one year after the lien was recorded. Absent such an agreement, suit must be filed within 90 days.
Law Reference: Civ. Code §8460Practice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)