Legal Information — Not Legal Advice. This checklist provides general guidance on California mechanics lien law from the property owner's perspective. It is not a substitute for advice from a licensed attorney on your specific situation. Deadlines are strict — consult an attorney if your title, a pending sale, or financing is at risk.
California law gives you strong tools against mechanics liens — but speed matters. Use this checklist from the moment you discover a lien has been recorded.
Option A
Demand release
If the lien is defective or the debt was paid
Option B
Court expungement
If claimant won't release a defective lien
Option C
Release bond
If you need the title cleared immediately
Option D
Let it expire
If 90 days pass with no foreclosure lawsuit
1
Evaluate the lien immediately
Within 24–48 hours of discovery
-
Obtain a copy of the recorded lien from the county recorder Do firstSearch the county recorder's online database by your property address or APN. Download and print the full recorded document — you need the recording date and document number.
-
Note the recording date and calculate the 90-day foreclosure window CriticalThe lien claimant must file a foreclosure lawsuit within 90 days of the recording date. If that window has already passed with no lawsuit filed, the lien may have expired. Verify with an attorney.
-
Verify whether the claimant served a 20-day preliminary noticeSubcontractors and suppliers (not direct contractors) must serve a preliminary notice within 20 days of first furnishing labor or materials. If they failed to do so, their lien may be defective. Check your records and ask the claimant for proof of service.Preliminary notice requirements →
-
Check the lien for procedural defectsA valid lien must include: owner's name, work description, name of who hired the claimant, property description, signed verification under penalty of perjury, and the unpaid amount. Missing or incorrect elements may render the lien void.Required lien contents — Civil Code §8416 →
-
Determine whether the claimed amount is accurateCompare the lien amount against your contract, any payments made, and the scope of work actually performed. An overstated lien may support a wrongful lien claim and can be used in negotiations.
-
Consult an attorney to evaluate your options RecommendedA mechanics lien attorney can quickly identify defects, assess the strength of the claimant's position, and recommend the fastest and least expensive path to resolution.Bay Legal PC — free consultation →
2
Option A — Demand release of a defective or paid lien
Civil Code §8480
-
Send a written demand to release the lien to the claimantUnder Civil Code §8480, you can demand release of a lien that is defective, satisfied, or for which no debt is actually owed. The demand must be in writing and served on the claimant.
-
Give the claimant 10 days to release after receiving your demandThe claimant has 10 days to record a release of lien with the county recorder. If they fail to release without just cause, they are liable for your actual damages, attorney fees, and a $2,000 statutory penalty.
-
If released: confirm the lien release is recorded with the county recorderA verbal or written agreement to release the lien is not sufficient — the claimant must record a formal lien release document. Search the recorder's records to confirm it has been filed.
3
Option B — Petition the court to expunge the lien
If demand to release is refused
-
File a petition to discharge the lien in the superior court of the county where the property is locatedThe court will schedule a hearing, typically within 30 days. The claimant bears the burden of establishing the probable validity of their claim. If they cannot, the court will order the lien discharged.
-
Gather evidence of defects: missing preliminary notice, late filing, defective lien form, or debt already paidYour petition should specifically identify every defect. Supporting evidence includes: your records of when the claimant first furnished, any lien waivers signed, payment records, and the lien document itself.
-
Attend the hearing — bring all documentationIf the court grants the petition, it will order the lien discharged. If the court finds the lien probably valid, you may need to post a bond or proceed to trial on the underlying payment dispute.Full guide to fighting a mechanics lien →
4
Option C — Post a lien release bond
When title must be cleared immediately
-
Contact a licensed surety company to obtain a lien release bondThe bond must equal 125% of the lien amount under Civil Code §8424. Bond premiums are typically 1%–3% of the bond amount annually. Obtain quotes from multiple sureties.Lien release bond complete guide →
-
Record the lien release bond with the county recorderOnce the bond is recorded, the mechanics lien is released from the property title immediately. The claimant's rights transfer from the property to the bond — your title is clear.
-
Notify your title company and lender that the lien has been released by bondProvide them with the recorded bond document and the confirmation from the county recorder that the lien has been discharged from your title.
-
Monitor the 6-month window for the claimant to sue on the bondThe claimant has 6 months from the date the bond was recorded to file an action against it. If no suit is filed within 6 months, the bond is discharged and the matter is resolved.
5
Option D — Wait for the lien to expire
Only if no foreclosure lawsuit is filed within 90 days
-
Track day 90 from the lien recording dateIf the claimant does not file a foreclosure lawsuit within 90 days of recording (or enter a written extension agreement with you), the lien expires automatically.
-
After day 90 with no lawsuit: search the court records to confirm no action was filedSearch the superior court's online case index for the claimant's name and your property address. If no foreclosure case appears, the lien has expired.
-
Request a release of lien even after expirationAn expired lien is legally unenforceable, but it still clouds your title in the records. Under Civil Code §8480, you can demand the claimant record a formal release even of an expired lien. This clears your title history.
6
Consider a wrongful lien claim
If the lien was filed without basis
-
Evaluate whether the lien was filed without a good faith basis OptionalExamples: the contractor was already paid, the work was never performed, or the lien amount is grossly overstated. Under Civil Code §8422, a wrongful lien claim entitles you to actual damages, attorney fees, and a statutory penalty.
-
Document all evidence of bad faith: payment records, communications, and lien discrepanciesSave all texts, emails, invoices, lien waivers, and payment confirmations. A strong wrongful lien claim is built on a clear paper trail showing the claimant knew (or should have known) the lien was improper.
7
Protect yourself on future projects
Proactive steps — before construction begins
-
Require conditional lien waivers from the GC and all subs at each progress payment ProactiveA conditional waiver from the GC does not protect you from sub and supplier liens — you need waivers from every tier. Ask your GC to provide a list of all subs and suppliers at the start of each project.Lien waiver guide — 4 statutory forms →
-
Verify subcontractors have been paid before releasing final payment to the GC ProactiveThe most common lien situation: owner pays GC in full, GC fails to pay subs, subs lien your property. Collect unconditional waivers from every sub before releasing the GC's final payment.
-
Record a Notice of Completion within 15 days of actual project completion ProactiveRecording a Notice of Completion shortens the lien filing window from 90 days to 30 days for subcontractors and suppliers. This dramatically reduces your lien exposure window on future projects.
Need help removing a lien from your property?
Bay Legal PC represents property owners against improper and overstated mechanics liens throughout California.