Home>Levelset Community>Legal Help>Missed deadline to file foreclosure on mechanics lein

Missed deadline to file foreclosure on mechanics lein

Are there any options after deadline is missed to file foreclosure on mechanics lein

2 replies

Jun 15, 2023

If you missed the deadline to file your foreclosure action, the lien has expired and is no effect. If there is still time to record a new lien based on the date for completion of the work of improvement or service of a notice of completion, then you can record a new lien and start the time limit again. Nevertheless, you should still have contract claims against the party that engaged you to perform the work, and you can file a lawsuit for breach of contract whether or not you have a valid lien.

0 people found this helpful

Helpful

Jun 16, 2023

You might have more time than you think you do. The lien period is based on completion of the entire project not just your work. You must file your lien within 90 days of completion of the project. (The time is shortened to 30 days if a Notice of Completion was recorded but those are mostly found on public jobs.) So if you’re a sub, you look to when the project was finished which most likely will be sometime AFTER your work was done to start the lien clock ticking. I like to use the date the project received final acceptance from the building department as the completion date. Don’t forget that, even without lien rights, you still have the right to sue the party that hired you for breach of contract to recover the money you’re owed. I’m happy to answer any questions you have about this.

1 person found this helpful

Helpful