A Mechanics Lien Was Recorded on Your Property: How a California Owner Gets It Released

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

A California mechanics lien does not last indefinitely. The claimant must file suit to enforce it within 90 days after recording, or the lien expires and is unenforceable. (Civ. Code, § 8460.) If the claimant will not release an expired lien, the owner can petition the court for a release order after a 10-day written demand, and the prevailing party recovers attorney's fees. A lien that is still within time can be bonded off or challenged by motion. Kolmogorov Law, P.C. handles these proceedings for owners of commercial property.

Call (909) 235-6116 or contact us online to discuss a mechanics lien recorded against your property.

What a recorded mechanics lien is

A mechanics lien is a claim recorded against real property by a contractor, subcontractor, or supplier that says it was not paid for work on the property. It is not a judgment. To collect, the claimant must file a lawsuit to foreclose the lien.

The recorded claim must be signed and verified, and a copy must be served on the owner or reputed owner by mail with a Notice of Mechanics Lien. A claim that is not served as the statute prescribes is unenforceable as a matter of law. (Civ. Code, § 8416, subds. (a), (c), (e).)

The deadlines that matter to an owner

Recording. A direct contractor must record after completing its contract and before the earlier of two dates: 90 days after completion of the work of improvement, or 60 days after the owner records a notice of completion or cessation. For any other claimant the second period is 30 days. (Civ. Code, §§ 8412, 8414.) Within 10 days of recording that notice, the owner must generally give a copy to the direct contractor and to each claimant that gave it preliminary notice. Otherwise the notice does not shorten that person's time. (Civ. Code, § 8190.)
Suing. The claimant must commence an action to enforce the lien within 90 days after recording it. If it does not, the claim of lien expires and is unenforceable. (Civ. Code, § 8460, subd. (a).)
Extension. The 90 days can be extended only if the owner and claimant agree to extend credit and a notice of that fact is recorded. Even then the suit must be filed no later than one year after completion of the work. (Civ. Code, § 8460, subd. (b).)
Notice of the suit. The claimant must record a lis pendens within 20 days after filing. (Civ. Code, § 8461.)
Trial. A foreclosure action not brought to trial within two years may be dismissed in the court's discretion. (Civ. Code, § 8462.)

Get a copy of the recorded lien, note the recording date, count 90 days, and search the court's records for a foreclosure complaint.

An expired lien: the release petition

When the 90 days pass without a lawsuit, the owner may petition the court for an order releasing the property. (Civ. Code, § 8480, subd. (a).)

Demand. At least 10 days before filing, give the claimant written notice demanding that it execute and record a release, and state the grounds. (Civ. Code, § 8482.)
Petition. The petition must be verified and must attach a certified copy of the lien. Its required allegations include the recording details, the demand, and whether any lawsuit or bankruptcy is pending. (Civ. Code, § 8484.)
Hearing. The clerk sets a hearing no more than 30 days after filing. The claimant must be served at least 15 days before the hearing, and the court must rule within 60 days of filing. (Civ. Code, § 8486.)
Burden. The claimant has the burden of proof on the validity of the lien. (Civ. Code, § 8488, subd. (a).)
Fees. The prevailing party is entitled to reasonable attorney's fees. (Civ. Code, § 8488, subd. (c).)

A certified copy of the order is then recorded. On recording, the property is released from the lien. (Civ. Code, § 8490, subd. (c).)

A lien still within time: bond or motion

Two tools apply while the lien is still within time.

A lien release bond substitutes a surety's promise for the property. An owner or contractor who disputes the lien may record a bond from an admitted surety in an amount equal to 125 percent of the claim. On recording, the property is released from the lien and from any action to enforce it. The claimant must be given notice with a copy of the bond, and then has six months to sue on it. (Civ. Code, § 8424.)

If the claimant has already sued, the owner can move in that case to remove an improper lien before trial. The court looks at the lien's probable validity. In the decision that approved the motion, decided under the earlier lien statute, the Court of Appeal also held that delay damages cannot be included in a mechanics lien. (Lambert v. Superior Court (1991) 228 Cal.App.3d 383.)

Grounds that defeat or reduce a lien

It was recorded late, or no enforcement action was filed in time.
The claimant did not give preliminary notice where the statute requires it. (Civ. Code, § 8410.)
The claim was not mailed to the owner or reputed owner or, if that person could not be served, to the construction lender or original contractor. (Civ. Code, § 8416, subds. (c), (e).)
The amount exceeds the lesser of the reasonable value of the work and the agreed price. Work under a written contract modification can be included, and after rescission, abandonment, or breach the ceiling is reasonable value. (Civ. Code, § 8430, subds. (a), (c).)
The claimant willfully included work not furnished for the property, which forfeits the lien, or made the claim with intent to defraud. (Civ. Code, § 8422, subds. (b), (c).)

An honest mistake in the amount or the description does not ordinarily invalidate a lien. (Civ. Code, § 8422, subd. (a).)

What not to do

Do not ignore the lien because it looks stale. An expired lien no longer gives notice of the claim to people who later deal with the property, but the document itself remains in the county records. (Civ. Code, § 8494.)

Do not pay before checking what was already paid and to whom. Do not assume the debt is gone, either. A release order removes the lien but does not bar the claimant's other claims, such as a suit on its contract. (Civ. Code, § 8480, subd. (b).)

Our page on filing and enforcing a mechanics lien covers the claimant's side of these rules.

What to bring to the first meeting

A copy of the recorded claim of lien.
The construction contract, change orders, and any preliminary notices received.
Proof of payments, lien waivers, and any recorded notice of completion.
Escrow, lender, or title company correspondence.

Frequently asked questions

A subcontractor recorded a lien on our building a year ago and never sued. How do we get it off title?

The lien has probably expired. In California a claimant must sue to enforce a mechanics lien within 90 days after recording it, unless a notice of extension of credit was recorded. A lien not enforced in time is unenforceable. (Civ. Code, § 8460.) Send the claimant a written demand for a recorded release. If it does not comply within 10 days, petition the court for a release order and record the order.

How long does a mechanics lien last in California?

Ninety days from recording, unless the claimant files a lawsuit to enforce it within that time. A recorded extension of credit can lengthen the period, but never beyond one year after completion of the work. (Civ. Code, § 8460.) An expired California lien still appears in the county records. A recorded release or court order clears it.

What is a mechanics lien release bond?

It is a surety bond that takes the place of the property as security for the claim. A California owner or contractor who disputes a lien may record a bond from an admitted surety equal to 125 percent of the lien amount. Recording the bond releases the property from the lien and from any action to enforce it. (Civ. Code, § 8424.)

We already paid our general contractor in full, but a supplier we never hired recorded a lien. Do we have to pay again?

Not necessarily, but payment to the contractor does not by itself end the supplier's claim. A California mechanics lien is a direct lien for the claimant's work. The supplier must still have given preliminary notice where required, recorded on time, served the lien as the statute requires, and sued within 90 days. If the lien is valid, look to the contractor, whose contract may require it to clear liens.

Can I recover attorney fees for removing an invalid mechanics lien?

In a release petition, yes. California Civil Code section 8488 entitles the prevailing party to reasonable attorney's fees, and it places the burden of proving the lien's validity on the claimant. The rule cuts both ways, so an owner who petitions without a sound basis may pay the claimant's fees.

Talk to a California real estate litigation attorney

If a mechanics lien is blocking a sale or a loan, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is a business litigation firm with its office in Irvine, California.

Related reading: our construction disputes and real estate litigation pages, and unlicensed contractor disputes.

This page provides general information about California law and is not legal advice. Outcomes depend on the recorded documents, the dates, the facts, and the court.