Final/occupancy issued 4/14/09 on our new quest house & all paid in full. 5/21/09 we rec'd 20 prelim not, 9/1 mec lien?

A Petition to Release Property from Lien per Civil Code Section 3154, which also allows for the recovery of limited attorney's fees. You should consult with a local construction of real estate attorney.

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If contractor performed no work after 4/14/09 his lien is invalid. Lien must be recorded within 90 days after completion. of work. In addition, he must file lawsuit to foreclose lien within 60 days of recording, October 31. If he does not, you cal file a Petition under Civil Code 3154 to remove lien. The other thing you can do is post a mechanics lien release bond with a licensed surety while the issue is litigated. This bond will free the property so you can refi. Check with the Contractors State License Board (link below) re his license and bonding company. If he is not licensed he cannot collect.

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