A claimant recorded a mechanics lien and did nothing further for four months. What is the status of the lien?
Explicación
Civil Code §8460(a) requires the claimant to commence an action to enforce the lien within 90 days after the claim of lien is recorded, and provides that the lien otherwise expires and is unenforceable; four months is past the deadline. (c) uses a real figure from the wrong subdivision: §8460(b) extends the deadline only where the claimant and owner agreed to extend credit and recorded notice of it, and even then no later than one year after completion. (a) and (d) invent conversions the statute does not provide — a judgment lien needs a judgment, and a stop payment notice is a separate remedy that must be given while undisbursed funds remain.
Referencia Legal: Civ. Code §8460(a)-(b)Practica las 1632 preguntas gratis — sin registro.
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