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When does mechanics lien show up on property title.

Hi, Just wanted to understand, when actually lien becomes public in the property title. I believe that In CA, if contractor/subcontract files lien, they have 90 days to enforce. Does it show in public record once it's enforced or as soon as they record lien on the property at Recorder's office? Thanks

1 reply

Aug 5, 2019

Good question. Mechanics liens, and their visibility can be confusing.

When a mechanics lien is claimed, the lien document must be recorded in the county recorder's office in the county in which the property is located. This recording is required in order to give third parties notice of the lien claim. Once the lien is recorded, it is part of the public record and should show up on any title search or other examination of the property at issue.

If an action to enforce the lien is initiated, an additional filing is required. According to California § 8461, "[a]fter commencement of an action to enforce a lien, the plaintiff shall record . . . a notice of the pendency of the action." This notice is also recorded in the county recorder's office, and provides notice to third parties that the lien enforcement action has been initiated, so that, even if more than 90 days have passed since the recording of the lien, the property may still be encumbered.

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