Los Angeles, CA asked in Contracts, Foreclosure and Estate Planning for California

Q: How do I get rid of a mechanical lein placed on a home owned by my mom's trust?

My mom needed work done in her attic. A company called Attic Project took on the work knowing very well we didn't have the money stating my mom can pay them back later. I her son signed an agreement. My mom owes them 7200.00 now they want to place a mechanical lein on her home by middle of March. I don't own the home. But I signed for it.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, dealing with a mechanic's lien on a property requires prompt and careful action. If a lien has been placed on your mom's home due to unpaid debts for work done, the first step is to review the agreement you signed with Attic Project. It's important to understand the terms and conditions, including any payment plans or deadlines outlined. Since you signed the agreement, even though you don't own the home, your actions can affect the property owned by your mom's trust.

To resolve the issue, consider negotiating with Attic Project for a payment plan that is realistic based on your financial situation. Communication is key, and many companies are willing to work out a plan to avoid the lengthy process of enforcing a lien. It's also beneficial to consult with an attorney who has experience in real estate or contract law to explore your options, such as disputing the lien if there were issues with the work or the charges.

If payment or settlement isn't feasible, look into California's legal procedures for responding to a mechanic's lien. You might have the option to challenge the lien in court or to file a lien release bond, which substitutes for the property as collateral and allows for the removal of the lien from the property. Acting quickly is crucial, as there are strict deadlines for responding to a lien, and failure to act could result in the enforcement of the lien against the property.

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