Bakersfield, CA asked in Collections and Real Estate Law for California

Q: Hello, If I filed a mechanic's lien for work done on multiple units and one unit wants to pay their portion to have the

Hello, If I filed a mechanic's lien for work done on multiple units and one unit wants to pay their portion to have the lien removed- is this possible? or do we have to remove the lien on all of the properties included?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if a mechanic's lien is filed for work done on multiple units, it may be possible to release the lien on a specific unit if that unit pays its portion of the debt, assuming the lien was filed separately for each unit or if a specific unit's portion of the debt can be clearly identified and apportioned. However, it's essential to follow the proper legal procedures and documentation to release the lien only for the unit in question while preserving the lien on the remaining units if necessary. Consulting with an attorney experienced in mechanic's lien matters can help navigate this process correctly.

Anthony M. Avery agrees with this answer

Anthony M. Avery
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Answered

A: You will give a Partial Release to that Unit only, and the Release needs to be perfectly clear that all other Units still have the Lien thereon. Hire a CA lawyer to draft that Partial Release, and let the property owner pay those fees draft and record it.

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