For property owners in California, a mechanics lien can be a sudden and stressful roadblock. Whether you are trying to sell your home, refinance a mortgage, or simply clear your title, an invalid or expired lien can bring your plans to a screeching halt.
If a contractor has placed a lien on your property and refuses to remove it—or has failed to follow through with a lawsuit—you have a powerful legal remedy: the Petition to Release Property from Lien.
What is a Mechanics Lien in California?
A mechanics lien is a legal claim against real property for unpaid labor or materials provided to a "work of improvement." Under California Civil Code §§ 8000–9566, contractors, subcontractors, and suppliers have the right to record these liens to ensure they get paid.
However, these rights aren't indefinite. Because a lien clouds a property’s title, California law imposes strict deadlines. If a contractor misses a deadline, the lien may become unenforceable, yet it remains on your public record until it is formally released.
When is a Mechanics Lien Invalid?
Common reasons a lien may be subject to a petition for release include:
Expired Foreclosure Deadline: A claimant must file a lawsuit to foreclose on the lien within 90 days of recording it. If they don't, the lien expires.
Failure to Serve Preliminary Notice: Most subcontractors must serve a "20-day Preliminary Notice" to maintain lien rights.
Improper Service: The lien itself must be served on the owner via certified mail or personal delivery.
The Debt is Paid: If you have proof of full payment, the contractor is legally obligated to release the lien.
How to File a Petition to Release a Mechanics Lien
If a contractor ignores your requests to remove an invalid lien, you can ask a judge to do it for you. This process is governed by California Civil Code § 8480.
Step 1: Send a 10-Day Demand Letter
Before filing a petition, you must give the contractor a final chance to do the right thing. You must send a written demand (via certified mail) asking them to execute and record a release. You must give them at least 10 days to comply before you can take the matter to court.
Step 2: Prepare the Petition
If the 10 days pass without a release, you file a Petition for Release of Property from Lien in the Superior Court of the county where the property is located. The petition must be verified (signed under penalty of perjury) and include:
A certified copy of the recorded lien.
The legal description of the property.
The grounds for the release (e.g., the 90-day foreclosure period has passed).
Proof that you sent the 10-day demand letter.
Step 3: The Court Hearing
Once filed, the court clerk will set a hearing date, typically within 30 days. You must serve the contractor with the petition and notice of hearing at least 15 days before the court date.
At the hearing, the burden of proof is on the contractor to show that the lien is valid. If they fail to show up or cannot prove their case, the judge will issue an order releasing the property from the lien.
The "Prevailing Party" Benefit: Attorney’s Fees
One of the most important aspects of Civil Code § 8488 is that the "prevailing party" is entitled to reasonable attorney's fees. This means if you win your petition, the court can order the contractor to pay your legal costs. This serves as a significant deterrent against contractors who file "frivolous" or "nuisance" liens.
We offer flat fee litigation services for removal of mechanic’s liens
Our flat fee rate for a 10 day demand, petition, filing, service of the petition, court attendance, and recordation of the proposed order is $3,500. This flat rate includes all filing and service fees.