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Can i put a mechanics lien on my property after it got foreclosed on in California?

Ontario, CA |

I did a ton of work on my house, over $50k in improvements. The house got foreclosed on, and it had equity in it. I wanted to know if I could put a mechanics lien on the property so that anyone attempting to buy it would have to pay me back for that work/improvements. I know it's a stretch, but still...

Attorney Answers 5


  1. For many and various reasons: No.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  2. If you had equity, why didn't you refinance and pay off the lender? Elvis has left the building. Move on and good luck.

    When I respond to a question posted on Avvo, I provide information for a general purpose. In reviewing my answer, you are specifically warned that your use of, or reliance upon any response that I provide would be a bad idea. I do not have all relevant background or facts related to your matter, and am not in a position to give you legal advice. Further, your review, use of, or reliance upon any response by me does not establish an attorney-client relationship between us and does not qualify as a legal consultation for any purpose.


  3. I agree with the other 2 answers. You can't lien for it. Sorry.


  4. Generally, no. BUT:

    1) If you did the work through a separate entity (like, a business did the work and formally contracted with you to do it), even if you are the majority or sole shareholder of the separate entity;

    AND

    2) You have time left within the lien period;

    AND

    3) You followed the preliminary notice procedures.

    THAN

    MAYBE

    It doesn't sound like, however, that all of the above are true.

    My Mechanics Lien Filing Service at www.zlien.com. Our number is 866-720-5436. Avvo's terms and conditions apply, answers on Avvo are general responses to hypothetical scenarios presented by questioner.


  5. Simply stated NO

    The above statement does not create an attorney-client relationship and the submitting party should not consider the responding their attorney.

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