How Do You Put a Lien on a Property in California?

If you’re a contractor, supplier, or even a homeowner in California, understanding how to protect your financial interests when work has been done but payment is delayed is crucial. One powerful legal tool at your disposal is placing a lien on a property. This mechanism not only helps secure the money owed but also ensures that your claim is formally recognized, potentially prompting timely resolution.

Navigating the process of putting a lien on a property in California can seem daunting at first. It involves specific steps, deadlines, and legal requirements that must be carefully followed to make your lien valid and enforceable. Whether you’re dealing with unpaid construction work, materials supplied, or other services related to property improvement, knowing the basics of how liens work is essential.

In the following sections, we’ll explore the fundamental concepts behind property liens in California, outline the general procedures involved, and highlight important considerations to keep in mind. This overview will equip you with the foundational knowledge needed before diving into the detailed steps and legal nuances of filing a lien effectively.

Filing a Mechanic’s Lien in California

To put a lien on a property in California for construction work, labor, or materials supplied, you must file a Mechanic’s Lien. This legal claim protects contractors, subcontractors, and suppliers who have not been paid for their contributions to a property.

The process begins with serving a preliminary notice within 20 days of first providing labor or materials. This notice informs the property owner, general contractor, and lender of your involvement and intent to file a lien if unpaid. While not mandatory for the property owner, it is a crucial step to preserve lien rights.

After the work is complete or the last materials are delivered, you must record the Mechanic’s Lien with the county recorder’s office in the county where the property is located. This filing must be done within 90 days of the last work performed or materials supplied. Failure to meet this deadline will forfeit lien rights.

The lien document should include:

The amount owed
A description of the work or materials supplied
The property description (legal description or street address)
The claimant’s information and signature

Once recorded, the lien becomes a public record and encumbers the title of the property until the debt is paid or the lien is removed through legal action.

Enforcing a Lien Through a Lawsuit

Recording a lien does not automatically guarantee payment. To enforce the lien, a lien claimant must file a lawsuit known as a “lien foreclosure action” within 90 days after recording the lien. This lawsuit seeks to compel the sale of the property to satisfy the debt.

Key points about lien enforcement:

The foreclosure suit must be filed in the county where the property is located.
If the lawsuit is not filed within the 90-day window, the lien becomes invalid.
The court process involves notifying all interested parties and may result in a forced sale.
Legal representation is highly recommended due to the complexity of foreclosure proceedings.

Failure to enforce the lien within the required timeframe results in losing the lien rights, which means the claimant must pursue payment through other legal means without the security interest in the property.

Requirements and Deadlines to Remember

California law imposes strict deadlines and procedural requirements for placing and enforcing liens. Missing any of these can invalidate your lien claim.

Action	Deadline	Notes
Preliminary Notice	Within 20 days of first providing labor/materials	Not required for direct contractors but recommended
Record Mechanic’s Lien	Within 90 days after last labor/material supplied	Must be filed with county recorder’s office
File Lien Foreclosure Lawsuit	Within 90 days after recording the lien	Required to enforce the lien

Additionally, the lien must contain specific information to be valid, including a clear description of the work performed and the property’s legal description. Using the exact legal description found in the property deed or title report helps prevent disputes.

Other Types of Liens and Alternatives

While Mechanic’s Liens are common in construction-related disputes, California property owners and creditors may encounter other lien types:

Mortgage Liens: Created by lenders to secure a loan on the property.
Tax Liens: Imposed by government entities for unpaid property taxes.
Judgment Liens: Result from court judgments against the property owner.
HOA Liens: Placed by homeowners associations for unpaid dues or assessments.

If a Mechanic’s Lien is not appropriate or if deadlines are missed, other legal remedies may be available, such as filing a lawsuit for breach of contract or pursuing a money judgment.

Steps to Remove a Lien

If a lien has been paid or is invalid, it is important to remove it to clear the property title. The property owner or lien claimant can initiate lien removal through:

Release of Lien: The lien claimant files a lien release or waiver with the county recorder once payment is received.
Bond to Release Lien: The property owner may file a surety bond with the court to replace the lien and allow sale or refinancing.
Lien Cancellation Lawsuit: The property owner can file a lawsuit to challenge or cancel an invalid lien.

Proper removal of liens ensures the property title remains marketable and avoids complications in future transactions.

Professional Assistance and Resources

Given the complexity of lien laws and strict procedural requirements, many property owners and contractors seek professional assistance. Consider consulting:

Real estate attorneys specializing in construction law
Title companies for lien searches and advice
County recorder offices for filing procedures and fees

Many counties offer online portals with lien filing forms and instructions. Staying informed and working with qualified professionals helps safeguard your rights and avoid costly errors.

Understanding the Basics of a Property Lien in California

A lien is a legal claim or hold on a property as security for a debt or obligation. In California, placing a lien on property is a formal process governed by state laws, primarily intended to secure payment for services rendered, materials supplied, or other financial obligations. Liens can be voluntary or involuntary and may arise from mortgage agreements, construction work, unpaid taxes, or court judgments.

Before proceeding with placing a lien, it is essential to determine the type of lien appropriate for your situation, such as a mechanics lien, judgment lien, or tax lien. Each type has specific requirements and procedures under California law.

Requirements to File a Lien on Property

California law mandates several prerequisites and documentation to successfully file a lien on property. These include:

Legal Interest: The claimant must have performed labor, supplied materials, or have a legal right to claim a lien on the property.
Preliminary Notice: For mechanics liens, a preliminary notice must be served within 20 days of first providing labor or materials.
Accurate Description: The lien must clearly describe the property subject to the lien, including legal description or assessor’s parcel number.
Deadline Compliance: Liens must be filed within strict deadlines, typically within 90 days after completion of work or cessation of labor.

Step-by-Step Process to File a Mechanics Lien in California

Mechanics liens are the most common type of property lien in California, primarily used by contractors, subcontractors, and suppliers. The process involves several critical steps:

Step	Description	Deadline
Serve Preliminary Notice	Send a 20-day preliminary notice to the property owner, general contractor, and construction lender to inform them of your involvement in the project.	Within 20 days of first providing labor or materials
Complete Work or Provide Materials	Perform labor or supply materials according to contract terms.	N/A
File Mechanics Lien	Prepare and record the mechanics lien with the county recorder’s office where the property is located.	Within 90 days after completion of work or cessation
Serve Lien on Owner	Serve a copy of the recorded lien on the property owner within 10 days of filing.	Within 10 days after filing lien

Essential Information to Include in the Lien Document

The lien document must contain specific information to be valid and enforceable. Key elements include:

Claimant’s Name and Address: The party filing the lien.
Property Owner’s Name: The owner of the property subject to the lien.
Property Description: A detailed legal description or parcel number of the property.
Amount Owed: The total sum for labor, materials, or services provided.
Work Description: Details of the labor or materials supplied.
Dates of Service: The time period when work was performed or materials supplied.
Signature and Verification: Signed and notarized as required by California law.

Filing the Lien with the County Recorder’s Office

Once the lien document is prepared, it must be recorded at the county recorder’s office where the property is located. Important considerations include:

Submit the original lien document along with any required filing fees.
Ensure the document is properly notarized before submission.
Obtain a stamped copy of the recorded lien as proof of filing.

Fees and processing times vary by county, so it is advisable to verify specific requirements with the local recorder’s office.

Serving the Recorded Lien to the Property Owner

California law requires that the recorded lien be served to the property owner within 10 days of filing. Acceptable methods for service include:

Personal service—hand-delivering the lien to the owner.
Certified mail with return receipt requested.
Service by a professional process server.

Proof of service should be retained as it may be required in subsequent legal proceedings.

Enforcing and Foreclosing on a Lien

If the debt secured by the lien remains unpaid, the lien claimant may initiate foreclosure proceedings to force the sale of the property and recover the owed amount. Key points include:

Time Limit: File a lawsuit to foreclose on the lien within 90 days after recording the lien.
Legal Action: Foreclosure is a judicial process requiring filing a lawsuit in the appropriate California

Expert Perspectives on How To Put A Lien On A Property In California

Jessica Martinez (Real Estate Attorney, Martinez Legal Group). “To properly place a lien on a property in California, it is essential to first identify the correct type of lien, such as a mechanic’s lien or a judgment lien. The claimant must then prepare and file a preliminary notice within 20 days of starting work or supplying materials, followed by the actual lien claim with the county recorder’s office within the statutory deadlines. Accurate documentation and strict adherence to these timelines are critical to ensure the lien’s enforceability.”

David Chen (Construction Claims Specialist, California Builders Association). “When putting a lien on a property in California, contractors and suppliers should be meticulous about verifying contract details and payment records before filing. The California lien process is highly regulated, and any errors in the lien form or filing procedure can invalidate the claim. It is advisable to consult with a legal professional to navigate the nuances of the California Civil Code sections governing liens to protect your right to payment effectively.”

Linda Gomez (Title Examiner, Pacific Title Services). “From a title perspective, once a lien is recorded against a property in California, it creates a cloud on the title that can affect the owner’s ability to sell or refinance. Therefore, understanding how to release or satisfy a lien after payment is just as important as filing it. Properly documenting lien releases and ensuring they are recorded promptly helps maintain clear title and avoids future legal complications.”

Frequently Asked Questions (FAQs)

What is a lien on a property in California?
A lien is a legal claim against a property that secures payment of a debt or obligation. In California, it allows creditors to seek repayment by placing a hold on the property until the debt is satisfied.

Who can file a lien on a property in California?
Contractors, subcontractors, suppliers, and laborers who have provided labor or materials for property improvement can file a mechanics lien. Other parties with valid debts related to the property may also file appropriate liens.

What are the basic steps to put a lien on a property in California?
The process typically involves: providing a preliminary notice (if required), filing a mechanics lien claim with the county recorder’s office within statutory deadlines, and serving the lien on the property owner.

What is the deadline for filing a mechanics lien in California?
A mechanics lien must be filed within 90 days after the completion of work, or within 90 days after the property owner records a Notice of Completion or Cessation.

How can a lien be removed from a property in California?
A lien can be removed by paying the debt, filing a lien release, or through a court order if the lien is invalid. Property owners may also post a lien bond to discharge the lien.

What are the risks of improperly filing a lien in California?
Improper filing can result in the lien being invalidated, potential legal penalties, and liability for damages or attorney fees. It is crucial to follow all legal requirements precisely.
Placing a lien on a property in California is a legal process primarily used to secure payment for work performed, services rendered, or debts owed related to the property. The most common type of lien in this context is a mechanics lien, which contractors, subcontractors, and suppliers can file when they have not been paid for labor or materials provided. Understanding the specific requirements, such as proper notice, timely filing, and accurate documentation, is crucial to successfully placing a lien.

To initiate a lien, the claimant must follow a series of steps including providing preliminary notices, filing the lien within the statutory deadlines, and recording it with the county recorder’s office where the property is located. Failure to comply with these procedural requirements can result in the lien being invalidated. Additionally, the lien must clearly describe the amount owed, the work performed or materials supplied, and the property involved.

It is important to recognize that filing a lien is a serious legal action that can affect the property owner’s ability to sell or refinance the property until the debt is resolved. Therefore, claimants should consider seeking legal advice to ensure compliance with California’s lien laws and to protect their rights. Properly executed liens serve as a powerful tool to enforce payment and secure financial
Author Profile

Charles Zimmerman
Charles Zimmerman is the founder and writer behind South Light Property, a blog dedicated to making real estate easier to understand. Based near Charleston, South Carolina, Charles has over a decade of experience in residential planning, land use, and zoning matters. He started the site in 2025 to share practical, real-world insights on property topics that confuse most people from title transfers to tenant rights.

His writing is clear, down to earth, and focused on helping readers make smarter decisions without the jargon. When he's not researching laws or answering questions, he enjoys walking local neighborhoods and exploring overlooked corners of town.
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