A Mechanics Lien Was Filed on My Property. What Do I Do?

A mechanics lien on your property title can block a sale, trigger a default on your construction loan, and cloud your title for months. California law gives you several tools to challenge, remove, or neutralize an improper lien quickly.

Step 1: Understand the Lien and Its Validity Window

The first thing to know: a mechanics lien automatically expires if the claimant does not file a lawsuit to foreclose it within 90 days of recording. If no lawsuit has been filed and 90 days have passed, the lien may already be expired — an attorney can confirm this and prepare a release document.

Even within that 90-day window, many liens are defective and can be challenged on procedural grounds.

Common Lien Defects

• Failure to serve a timely 20-day preliminary notice (for subs and suppliers)
• Lien filed after the statutory deadline
• Missing or incorrect required contents (no verification, wrong property description)
• Overstated lien amount — including amounts not actually owed or work not actually performed
• Claimant lacks standing (e.g., an unlicensed contractor)
• Failure to serve the owner within 20 days of recording

Option 1: Demand Release of an Improper Lien

Under Civil Code §8480, you can send a written demand to the lien claimant requiring them to release the lien within 10 days if it is defective or the debt has been paid. If the claimant fails to release without just cause, they are liable for actual damages, attorney's fees, and a statutory penalty of up to $2,000.

Option 2: Petition the Court to Expunge the Lien

If the lien claimant refuses to release, you can file a petition with the superior court to discharge the lien. The court will hold a hearing, and if it finds the lien is defective or the claimant cannot establish the probable validity of their claim, it will order the lien released. The claimant bears the burden of proof.

Option 3: Post a Lien Release Bond

If you need to free your property title quickly — for example, to close a pending sale or obtain financing — you can post a lien release bond. This is a surety bond equal to 125% of the lien amount that substitutes for the lien on the property. The lien is released from the property, but the claimant can still pursue the bond for payment.

Option 4: Sue for Wrongful Lien

If a lien was filed without a reasonable basis — for example, by a contractor who was already paid, or who substantially overstated the amount owed — California law allows you to sue the claimant for wrongful lien. Remedies include actual damages, attorney's fees, and in egregious cases, punitive damages.

Protecting Yourself Before a Lien Is Filed

• Require conditional lien waivers from all contractors and subcontractors at each progress payment
• Require unconditional lien waivers at final payment
• Verify all subcontractors have been paid before releasing final payment to the GC
• Record a Notice of Completion within 15 days of actual completion — this shortens the filing window for subcontractors from 90 days to 30 days

Frequently Asked Questions

What Comes Next