How to Remove or Release a Mechanics Lien in California

A mechanics lien is a recorded claim against real property, filed by a contractor, subcontractor, laborer, or material supplier who says they were not paid for a work of improvement. Removing one is a separate question from whether the underlying debt is actually owed. This article walks through the three routes California law provides to clear a lien from a property’s title. For the recording rules and deadlines that make a lien valid in the first place, see California’s mechanics lien rules for owners and contractors. For the wider set of protections available to buyers and homeowners, see California consumer rights.

Route 1: Ask the claimant to record a release

When the bill is paid or the dispute is settled, the fastest way to clear the lien is a release recorded by the claimant. A release binds the owner and the property only when the claimant signs and delivers a waiver and release; California sets out standard waiver and release forms for exactly this purpose.

If the claimant has been paid but has not cleared the lien, the property owner can send a written demand asking the claimant to record a release of the mechanics lien. The Contractors State License Board suggests sending that demand by certified, registered, or express mail and keeping a copy of the letter and the postage receipt as proof of the request. Sometimes the letter alone persuades the claimant to release the lien.

Route 2: Check whether the lien has already expired

A California mechanics lien has a short life. The claimant must record it within 90 days after the work is completed, the owner begins using the improvement, or the owner accepts it, according to the Contractors State License Board. More important for removal, Cal. Civ. Code § 8460 gives the claimant only 90 days after recording the lien to file a lawsuit to foreclose on it. A claimant who does not sue within that window loses the lien: it expires and becomes unenforceable.

An expired lien does not drop off the title on its own. It stays in the county recorder’s records, clouding the title, until the owner takes a step to remove it.

Route 3: Petition the court to release an expired lien

When the enforcement deadline has passed and the claimant will not voluntarily release the lien, Cal. Civ. Code § 8480 lets the property owner petition the court for an order releasing the property from the lien. The petition is filed in the superior court for the county where the property sits; the California Courts locator identifies the right court.

The cost risk runs both ways. Under Cal. Civ. Code § 8488, the prevailing party in the petition proceeding is entitled to reasonable attorney’s fees. The former $2,000 cap on those fees was removed when the mechanics lien law was rewritten effective July 1, 2012, according to the Contractors State License Board.

1. Send a written demand first

   Before filing anything, the owner sends the claimant a written request to release the lien by certified, registered, or express mail, and keeps a copy of the letter and the postage receipt. Courts want to see that the owner tried to resolve the matter and that the claimant is unwilling or unable to record a release.

2. File the petition

   File a petition under Cal. Civ. Code § 8480 in the superior court for the county where the property is located, stating that the deadline to enforce the lien has passed without a foreclosure lawsuit.

3. Serve the claimant and attend the hearing

   The claimant is served with the petition and notice of the hearing so both sides can appear. If the court finds the lien unenforceable, it orders the lien released.

4. Record the order

   After the court signs the order, record a certified copy with the county recorder so the release appears in the property’s chain of title.

Route 4: Clear the title with a lien release bond

An owner who needs clear title quickly, to close a sale or a refinance, does not have to wait for the lien to expire or for a court order. Under Cal. Civ. Code § 8424, recording a lien release bond in an amount equal to 125 percent of the claimed lien releases the property from the lien. The claimant’s dispute then proceeds against the bond instead of the real estate, so the title clears while the money question is sorted out.

What clearing a lien does not do

Removing a lien from the title is not the same as winning the payment dispute. If the debt is genuinely owed and the lien was validly recorded and timely enforced, the owner resolves it by paying the claim or defending the foreclosure lawsuit, not by clearing the title.

Some liens are weak on their face, though. A lien may be invalid when the work was never completed, the materials fell outside the contract, or the claimant missed a filing deadline. Even then, the owner has to act to remove it, because an invalid lien still sits on the title until it is formally cleared. An unlicensed contractor cannot foreclose on a mechanics lien when the work is valued at more than $500, according to the Contractors State License Board. Where the real problem is the contractor’s conduct or licensing, filing a complaint with the Contractors State License Board is a separate step from clearing the lien.