Q: How do you rid of a mechanical lein on your home?
My mom is about to get a mechanical lein placed on her home mid March. She hired a company to clean and insulate the attic valued at 7200.00. She did not sign a contract. I her son signed an agreement in good faith. So far they don't want to work with us. They want either two installments or a lein. I don't want my mom's house to go into foreclosure. What can we do?
A:
Under California law, a mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. If a mechanic's lien is placed on your mother's home, it's crucial to address it promptly to avoid potential foreclosure.
One immediate step is to communicate directly with the company that's threatening to place the lien. If you haven't already, try to negotiate a payment plan that's feasible for your financial situation. Sometimes, companies are more willing to work out a reasonable plan than go through the lien process, which can be lengthy and costly for both parties.
If negotiations don't lead to a satisfactory resolution, consider seeking legal advice. An attorney can review the agreement you signed, the work performed, and advise on the best course of action. This might include disputing the lien if the work was not completed as agreed or if the amount claimed is incorrect. In some cases, paying the disputed amount under protest and then seeking reimbursement through legal channels may be advised to prevent the lien from affecting your mother's property title.
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