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  1. #1
    Join Date
    Dec 2007
    Posts
    2

    Default Illegal Mechanics Lien

    My question involves a consumer law issue in the State of: California

    We've lost a house during October's 2007 wild fires. While we are not rebuilding on our lot, but our neighbors are. Our properties do have a common shared wall ( zero side setback), which is a wall of the our neighbor's house.
    Under CC&R of HOA maintenance of the shared wall is shared, however, another statement says, if a someone damages a common property, they are responsible the cost of repairs - it is our neighbor's house - we did not destroy their wall, the fire affecting their house did.
    A general contractor, who rebuilt their house asked me to pay 50% of the cost of shared retaining wall. I said, I'd pay, if my responsibility is confirmed by HOA.
    I never got any confirmations. Once he completed that wall, he sent me an outrageous bill (about 10 fold of the real cost). I never agreed to pay, never signed any contracts with him, never discussed the cost. In 7 (seven!) months (much longer then required 90 days upon completion) he filed a mechanic's lien on my property.
    My property is an escrow now and I need to submit a surety bond to release title.
    How is usually submits and records such kind of bonds? I cannot find any information.
    Can I file a request for lien removal before 90 days since recording expired?
    The lien is clearly illegal.
    Can I bring criminal charges against him by filing an intentionally false lien?
    Any other options?
    Thanks a lot.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Illegal Mechanics Lien

    With this many unknowns, all I can really do is say: Consult a real estate lawyer. Have your lawyer review the HOA documentation and the bill from the contractor, along with the notice of lien. Your lawyer will then advise you as to your options.

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