Details on removing a mechanics lien in California

Demand for Release of Claim of Lien

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Mechanics liens are a common tool of the California Civil Code for a person or business that has performed work on real property or supplied materials to real property to ensure payment. However, that leaves the property owner with the problem of getting the lien removed.

There are two ways to get the lien removed: (i) the claimant voluntarily executes and record a release of the lien; or (ii) the court orders the lien released, and the owner files that order.

In either case, the process starts with a demand letter to the person or entity who filed the lien. Civil Code section

8482⁠

If the claimant does not voluntarily release the lien, the property owner, can either (1) obtain and record a lien release bond; or (2) file petition for an order releasing the lien either on the basis that the lien is either unenforceable or has been satisfied.

The Petition comprises four documents: (i) the Notice of Hearing of Petition for Release of Mechanics Lien; (ii) the Petition, with a declaration sworn as true and correct under penalty of perjury of all facts and documents relied upon; (iii) the Proposed Order; and (iv) a Proof of Service. Notice the hearing no fewer sixteen (16) court days after the date of filing. If you can’t count Court days, approximately 32 or 33 calendar days may be sufficient [without guarantee]. File all such documents with the Court. Serve all such documents on the Claimant.

The prevailing party is entitled to reasonable attorney fees under Civil Code section

8488⁠

Model Documents

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Demand for Release of Claim of Lien⁠

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