How Do You Put a Lien on Property in California?

Placing a lien on a property in California can be a powerful legal tool for individuals or businesses seeking to secure payment for debts or services rendered. Whether you are a contractor awaiting payment for work completed, a supplier owed for materials, or someone with a financial claim, understanding how to properly file a lien is essential to protecting your rights. Navigating the complexities of California’s lien laws can seem daunting, but with the right knowledge, you can take effective steps to ensure your claim is recognized and enforceable.

In California, the process of putting a lien on property involves specific legal requirements and deadlines that must be carefully followed. This safeguard allows creditors to assert a claim against real estate, potentially influencing the property’s sale or refinancing until the debt is resolved. However, the rules vary depending on the type of lien and the nature of the debt, making it important to grasp the fundamental principles before proceeding.

This article will guide you through the basics of placing a lien on property in California, highlighting the key considerations and general procedures involved. By gaining a clear overview, you’ll be better prepared to dive into the detailed steps and ensure your lien is properly recorded and enforced.

Filing a Mechanics Lien in California

A mechanics lien in California is a legal claim against a property by contractors, subcontractors, or suppliers who have provided labor or materials but have not been paid. To file this type of lien properly, certain steps and deadlines must be observed.

First, a Preliminary Notice must be served to the property owner, general contractor, and construction lender within 20 days of starting work or delivering materials. This notice is crucial to preserve the right to file a mechanics lien later.

After work is completed or the last materials are supplied, the lien claimant has 90 days to record the mechanics lien with the county recorder’s office in the county where the property is located. If a Notice of Completion or Cessation has been filed, the deadline may be shortened to 60 days.

The lien must include specific details such as:

The amount owed
A description of the work or materials provided
The property’s legal description
The claimant’s contact information

Once recorded, a copy of the mechanics lien must be sent to the property owner within 10 days.

Enforcing a Lien and Foreclosure Process

Filing a lien does not guarantee payment. If the debt remains unpaid, the lienholder can initiate a foreclosure action to force the sale of the property and satisfy the debt. This legal process must be started within 90 days after recording the lien.

The foreclosure process involves:

Filing a lawsuit in the county where the property is located
Serving the property owner and other interested parties with notice of the lawsuit
Proving the validity of the lien and amount owed in court
Obtaining a court order to sell the property

If successful, the property is sold at a public auction, and proceeds are distributed according to lien priority.

Types of Liens and Their Priority in California

Different types of liens have varying priority levels, which affect the order in which debts are paid from the proceeds of a property sale. Understanding lien priority is essential when placing a lien on property.

Type of Lien	Description	Priority
Property Tax Lien	Government’s lien for unpaid property taxes	Highest priority, supersedes all other liens
Mechanics Lien	Claim for unpaid labor or materials on property improvements	Generally second, takes priority over most recorded liens
Mortgage Lien	Lien held by a lender securing a loan on the property	Priority based on recording date
Judgment Lien	Lien arising from a court judgment against the property owner	Lower priority, after tax, mechanics, and mortgage liens

Costs and Fees Associated with Filing a Lien

Filing a lien in California involves several costs and fees that should be considered before proceeding. These include:

Recording fees: Charged by the county recorder for filing the lien document, usually around $15 to $25.
Service fees: Costs for legally serving notices and filings to involved parties, which can vary depending on the method and process server.
Attorney fees: If legal assistance is required for drafting the lien or enforcing it through court, fees will vary based on the complexity and attorney rates.
Title report fees: Obtaining a preliminary title report to verify property ownership and existing liens can cost $100 to $250.

Budgeting for these expenses is essential, especially since unsuccessful enforcement may result in unrecovered costs.

Common Mistakes to Avoid When Filing a Lien

Errors in filing a lien can invalidate the claim or result in missed deadlines. Common mistakes include:

Failing to serve the Preliminary Notice on time or at all
Incorrectly describing the property or work performed
Missing the strict deadlines for recording the lien
Not sending a copy of the recorded lien to the property owner
Neglecting to initiate foreclosure within 90 days of filing the lien

Ensuring compliance with California lien laws and consulting with a legal professional can help avoid these pitfalls.

Understanding the Types of Liens Available in California

In California, placing a lien on property requires understanding the specific type of lien that suits your legal or financial situation. The most common liens include:

Mechanic’s Lien: Filed by contractors, subcontractors, or suppliers who have provided labor or materials but remain unpaid.
Judgment Lien: Resulting from a court judgment against a property owner, allowing creditors to secure the debt against real property.
Tax Lien: Imposed by government authorities for unpaid property taxes or other tax obligations.
HOA Lien: Placed by homeowners’ associations for unpaid dues or assessments.

Each lien type follows distinct procedural requirements and deadlines; hence, identifying the correct lien category is critical before initiating the filing process.

Step-by-Step Process to File a Mechanic’s Lien in California

Mechanic’s liens are among the most common property liens in California. The process involves several key steps, each with strict timelines:

Step	Description	Deadline
Preliminary Notice	Send a preliminary notice to the property owner, general contractor, and construction lender to inform them of your involvement.	Within 20 days of first furnishing labor/materials
File the Lien	Record the mechanic’s lien claim with the county recorder where the property is located.	Within 90 days after completing work or last furnishing materials
Enforce the Lien	File a lawsuit to foreclose on the lien if payment is not received.	Within 90 days after recording the lien

Failure to comply with these deadlines can result in loss of lien rights.

Filing a Judgment Lien Against Property

A judgment lien in California attaches to a debtor’s real property after obtaining a court judgment. The process involves:

Obtaining a certified copy of the abstract of judgment from the court where the judgment was entered.
Recording the abstract of judgment with the county recorder’s office in the county where the debtor’s property is located.
Notifying the debtor of the lien filing, although this is not always required.

Judgment liens remain effective for ten years and can be renewed for an additional ten years. They encumber the debtor’s property and can affect the ability to sell or refinance until the debt is satisfied.

Essential Documentation Required for Filing a Lien

Accurate and complete documentation is vital to successfully recording a lien. Generally, the following documents are necessary:

Lien Claim or Abstract: A formal document stating the amount owed, description of the work or debt, and property details.
Preliminary Notice (for Mechanic’s Liens): Proof of notice to the property owner and other relevant parties.
Proof of Service: Evidence that notice and lien documents were properly delivered to involved parties.
Certified Court Judgment (for Judgment Liens): The official court document confirming the debt.
Property Description: Legal description or parcel number as listed in county records.

Maintaining organized records ensures smoother processing and enforcement of the lien.

Where and How to Record a Lien in California

Liens must be recorded with the appropriate county recorder’s office where the property is located. The general process includes:

Preparing the lien document with correct legal descriptions and signatures.
Paying the applicable recording fees, which vary by county.
Submitting the documents in person or via mail; some counties offer online recording services.
Obtaining a stamped copy of the recorded lien for your records.

Contacting the county recorder’s office in advance is recommended to verify fee schedules and submission requirements.

Legal Considerations and Potential Pitfalls When Placing a Lien

Improperly filed liens can be invalidated, leaving the creditor without recourse. Key considerations include:

Strict Adherence to Deadlines: Missing statutory deadlines can extinguish lien rights.
Accurate Property Identification: Incorrect legal descriptions can render a lien unenforceable.
Proper Notice: Failing to provide required preliminary or statutory notices may invalidate the lien.
Liability for Wrongful Liens: Filing a lien without a valid claim can expose the filer to damages and legal penalties.

Consulting with a qualified attorney experienced in California lien laws can mitigate risks and ensure compliance.

Enforcing and Releasing a Lien

Once a lien is recorded, enforcement typically requires initiating a foreclosure lawsuit to compel sale of the property to satisfy the debt. Important points include:

The enforcement action must be filed within the statute of limitations relevant to the lien type.
Successful enforcement may lead to a court-ordered sale of the property.
Once the debt is paid, the lienholder must record a release or satisfaction of lien to clear the property

Expert Perspectives on How To Put Lien On Property In California

Jessica Martinez (Real Estate Attorney, California Property Law Group). When placing a lien on property in California, it is crucial to first establish a valid basis for the lien, such as unpaid debts related to construction or services rendered. The process typically begins with filing a Preliminary Notice within 20 days of starting work, followed by recording the Mechanic’s Lien with the county recorder’s office where the property is located. Accuracy in documentation and adherence to strict deadlines are essential to ensure the lien is enforceable.

David Kim (Construction Claims Specialist, West Coast Lien Services). Understanding the nuances of California’s lien laws can protect your financial interests effectively. After filing the lien, the claimant must serve a copy to the property owner and any other interested parties. Additionally, if the lien is not resolved, the claimant has 90 days from the date of recording to initiate a foreclosure lawsuit to enforce the lien. Missing any of these procedural steps can result in the lien being invalidated.

Linda Chen (Certified Public Accountant & Lien Consultant). From a financial perspective, placing a lien on property in California requires careful record-keeping and clear communication with all involved parties. It is important to document all contracts, invoices, and correspondence related to the debt. This documentation supports the validity of the lien and can be critical if the lien is challenged in court. Consulting with both legal and financial professionals ensures compliance and maximizes the likelihood of recovering owed funds.

Frequently Asked Questions (FAQs)

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

Who can file a lien on property in California?
Contractors, subcontractors, suppliers, and other parties who have provided labor or materials for property improvements and have not been paid can file a mechanics lien. Other types of liens may be filed by lenders, government agencies, or judgment creditors.

What are the steps to put a mechanics lien on property in California?
First, provide a preliminary notice within 20 days of starting work or supplying materials. Then, if unpaid, file a mechanics lien claim with the county recorder’s office where the property is located within 90 days after completing work. Finally, serve the lien claim to the property owner.

How long does a lien remain valid on property in California?
A mechanics lien is valid for 90 days from the date of recording. To enforce the lien, the lien claimant must file a lawsuit to foreclose on the lien within that 90-day period.

Can a lien be removed or disputed?
Yes. Property owners can dispute a lien by challenging its validity in court. Additionally, lien claimants may release or waive the lien by filing a lien release document with the county recorder.

What are the costs associated with filing a lien in California?
Costs include filing fees at the county recorder’s office, service of process fees for delivering notices and lien claims, and potential legal fees if enforcement or disputes arise. These costs vary by county and complexity of the case.
placing a lien on property in California involves a clear understanding of the legal requirements and procedural steps. The process typically begins with ensuring you have a valid claim, such as unpaid debts related to construction, services, or materials provided. Filing a preliminary notice, when applicable, is crucial to preserve lien rights. Subsequently, the actual mechanics lien must be properly prepared and recorded with the county recorder’s office where the property is located, adhering strictly to California’s statutory deadlines and documentation standards.

It is essential to follow the specific timelines for filing notices and the lien itself to maintain enforceability. Failure to comply with these deadlines can result in losing the lien rights altogether. Additionally, understanding the scope of lienable work and the property types eligible for liens helps avoid common pitfalls. Consulting with a legal professional or a construction law expert can provide guidance tailored to individual circumstances, ensuring the lien process is executed correctly and effectively.

Ultimately, a well-executed lien serves as a powerful tool to secure payment and protect financial interests in California real estate transactions. By adhering to the statutory requirements and maintaining accurate records, lien claimants can enhance their chances of successful enforcement or negotiation. Properly managing the lien process contributes to resolving disputes and safeguarding rights within
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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